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Copy 1 PROPOSED AMENDMENTS 


TO THE 


CONSTITUTION OF THE STATE OF NEBRASKA 


as Adopted by the 


CONSTITUTIONAL CONVENTION 

1919-20 

4 

With Explanatory Statements and Sample Ballot 


To Be Submitted to the People at a Special Election to Be Held 
Tuesday, September 21, 1920 


This Pamphlet Is An Official Statement of the Constituiional 
Convention and Should Be Read and Preserved 
by Every Elector 



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2 



OFFICERS OF CONSTITUTIONAL CONVENTION, 1919-20 


President. 

Vice President.*... 

Secretary.... 

Assistant Secretary 

Chaplain. 

Reporter.. 

Sergeant-at-Arms. 


.A. J, Weaver, Falls City 

.George Jackson, Nelson 

-Clyde H. Barnard, Table Rock 

.W. B. Hoag, Lincoln 

.A. A. Cressman, Crete 

.C. A. Bnery, Lincoin 

George H. Higgins, Hartington 


MEMBERS OF CONSTITUTIONAL CONVENTION, 1919-20 


District No. 1—John Wiltse . 

District No. 2.—Edgar Ferneau .— 

District No. 3—A. J. Weaver. . 

District No. 4—Jacob F. Halderman, 

District No. 5—L. A. Varner. 

District No. 6—Henry R. CTeve. 

District No. 7—Ernest M. Pollard. 

District No. S—V/m. H. Pitzer . 

District No. 9—William Kieck . 

District No. 10—Jerry Howard. 

Geo. A. Magney . 

Lysle I. Abbott. 

Chas. F, McLaughlin 

Chas. W. Sears. 

R. A. Wilson. 

. Geo. E. Norman .. 

Anson H. Bigelow. 

A. J. Dona hoe. 

Jos. T. Votava. 

L. J. TePoel. 

Chas. L. Saunders .. 


District No. 11—^A. W. Sprick . .. 

District No. 12'—Herbert Rhoades. 

District No. 13—Harry L. Keefe. 

District No. 14—John D. Haskeli. 

District No. 15—F. C. Radke . 

District No. 16—W. A. Meserve . 

District No. 17—Wilbur F. Bryant . 

District No. 18—H. C. Blwood . 

District No. 19—O. S- Spillman . 

District No. 20—J. G. W. Lewis . 

District No. 21—A. R. Oleson. 

Distiict No. 22—Charles McLeod . 

District No. 23—E. S. Cowan . 

District No. 24—M. D. Tyler . 

District No. 25—Charles J. Thielen.... 

District No. 26—I. L. Albert. 

District No. 27—M. J. Higgins . 

District No. 28—S. S. Sidner . 

W. D. Holbrook , . 

District No. 29—A. L. Ullstrom. 

Emil Fauquet . 

District No. 30—C. Petrus Peterson... 

C- C. Flansburg.. 

John M. Stewart . 

Walter L. Anderson 

W. A. Selleck . 

C. W'. Pugsiey. 


.Falls City 

.Auburn 

.Falls City 

...Pawnee City 

.SLciling 

Nebraska City 

.Nehawka 

.Nebraska City 

.Springfield 

.Omaha 

.Omaha 

.Omaha 

.Omaha 

.Omaha 

..'...Omaha 

.Omaha 

.Omaha 

.Omaha 

.Omaha 

.Omaha 

.Omaha 

.Fonteneile 

.Tekamali 

.Wal thill 

.Wakefield 

.Hartington 

.Creighton 

.Hartington 

.Creighton 

.Pierce 

.Wayne 

.Wisner 

..Stanton 

.Albion 

.Norfolk 

.Humphrey 

.Columbus 

.-Schuyler 

.Fremont 

.Ames 

.Memphis 

.Wahoo 

.Lincoln 

.Lincoln 

.Lincoln 

.Lincoln 

.Lincoln 

.Lincoln 

























































District No. 31—Frank Malicky .Barneston 

Earl M. Marvin .Beatrice 

Disti'ict No. 32—John Heasty .Fairbury 

District No. 33—Thos. Lialiners .Belvidere 

District No. 34—Wm. Greiiber .Byron 

District No. 35—Geo. H. Hastings.^.Crete 

District No. 36—R. S. Norval.Seward 

District No. 37—E. A. Coufal .David City 

District No. 38—E. J. Spirk .Wilber 

District No. 39—J. N. Norton .Folk 

District No. 40—H. V. Price .\'ork 

District No. 41—R. A. Matteson.Geneva 

District No. 42—Clias. H. Epperson. Fairfield 

District No. 43—George Landgrcn .Sliickley 

District No. 44—Arthur M. Hare .Aurora 

District No. 45—George Jackson .Nelson 

District No. 46—^^H. G. Keeney .Cowles 

District No. 47—A. T. Bratton . Hastings 

i. D. Evans .,.Kenesaw 

District No. 48—Emil G. Stolley.Grand Island 

James G. Kunz .Wood River 

District No. 49—Pllmer E. Ross .Central City 

District No. 50—R. Widle .Genoa 

District No. 51—C. V. Svoboda .•..St. Paul 

District No. 52—'Murt M. Sullivan ...Spalding 

District No. 53—James A. Donohoe ..O’Neill 

District No. 54—John A. Davies .Butte 

District No. 55—Lewis K. Alder .Ainswoith 

District No. 56—D. E. Strong . Old 

District No. 57—Aaron Wall .Loup City 

District No. 58—W. J. Taylor .Mcina 

J. D. Ream .Broken Bow 

District No. 59—Nathan P. McDonald .Kearney 

Fred A. Nye .Kearney 

District No. 60—i. C. Rankin .Minden 

District No. 61—Albert H. Byrum .Bloomington 

District No. 62—George S. Austin . Orleans 

District No. 63—Harry Johnson .Holdrcge 

District No. 64—B. F. Butler .Cambridge 

District No. 65—Edward Stighroue .Indianola 

District No. 66—George C. Junkin .Smithueld 

District No. 67— W. M. Stebbins .Gothenburg 

District No. 68—Joseph G. Beeler ...North Platte 

District No. 69—Harry Lehman .Culbertson 

District No. 70—P. W. Scott .Imperial 

District No. 71—Festus Corothers .Whitman 

District No. 72--Chas. H. Cornell .Valentine 

District No. 73—James H. H. Hewett .Alliance 

District No. 74—Everett P. Wilson .Chadron 

District No. 75—Thomas C. Osborne .Bayard 

District No. 76—J. A. Rodman . Kimball 

District No. 77—H. D. Lute .Paxton 























































4 



TO THE PEOPLE OF THE STATE OF NEBRASKA: 

The Third Constitutional Convention of Nebraska convened at Lin¬ 
coln, December 2nd, 1919. It was authorized by the people to revise, 
amend or change the existing Consititution. Three hundred and thirty- 
six proposed amendments were submitted to the Convention for its con¬ 
sideration. After seventy-four days of deliberation the Convention has 
adopted forty-one amendments, which will be submitted to the electors 
of the state for their approval, at a special election to be held Tuesday, 
September 21st, 1920, as separate amendments to the Constitution. The 
Convention was unanimous in the opinion that the people of the state 
having, at considerable expense, called a Constitutional Convention, the 
delegates to which were selected at a special election, the result of its 
deliberation should likewise be submitted at a special election, thus en¬ 
abling the electorate to pass upon the merits of the proposed amend¬ 
ments without the confusion w^hich might result from a submission at 
a general election in a presidential year. Many meritorious measures 
submitted at a great expense in previous years have failed of passage 
when submitted at such an election. This was particularly true in 1896, 
when twelve amendments were submitted, many of which have since 
been adopted by the people. 

The form of ballot will permit a separate vote on each amendment 
and a majority of the votes cast on any amendment will be sufficient 
for its adoption. 

In order that the people may have full information of the natuie and 
purposes of the proposed amendments, we submit the articles and S€‘C- 
tions of the present Constitution and the proposed amendments thereto, 
in parallel columns, wdth explanatory statements, and a sample ballot 
showing the manner and form of submission. 

Each of the proposed amendments has received the earnest and 
careful consideration of the Convention, and we recommend all of them 
to the people of Nebraska. We believe that their adoption will result 
in more efficient and economical government of the state and its sub¬ 
divisions, facilitate the administration of justice and promote the public 
vr elf are. 


Respectfully submitted, 


■ A. J. WEAVER, 

President. 

Constitutional Convention, 1919 20 


n. •f B. 

AOQ t iy20 



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5 




ARTICLE I. 


PRESENT CONSTITUTION 
Sec. 6. The right of trial by 
jury shall remain inviolate, but the 
Legislature may authorize trial by 
a jury of a less number than twelve 
men in courts inferior to the dis¬ 
trict court. 


PROPOSED AMENDMENT 

Submitted as No. 1 on the ballot. 

Sec. 6. The right of trial by 
jury shall remain inviolate, but the 
Legislature may authorize trial by 
a Jury of a less number than twelve 
in courts inferior to the district 
court^ and may by general law au¬ 
thorize a verdict in civil cases In 
any court by not less than five- 
sixths of the Jury. 


EXPLANATION 

The last clause is the amendment. No change is made in the right 
of trial by jury in criminal cases. The only change is to authorize the 
Legislature to provide that a verdict may be rendered in civil cases in 
any court by five-sixths of the jury. 


Sec. 25. No distinction shall 
ever be made by law between resi¬ 
dent aliens and citizens in refer¬ 
ence to the possession, enjoyment 
or descent of property. 


Submitted as No. 2 on the ballot. 

Sec. 25. There shall be no 
discrimination between citizens of 
the United States in respect to the 
acquisition, ownership, possession, 
enjoyment or descent of property. 

The right of aliens in respect to 
the acquisition, enjoyment and des¬ 
cent of property may be regulated 
by law. 


EXPLANATION 


The purpose of the amendment is to permit the Legislature to regu¬ 
late the rights of aliens in respect to the acquisition, ownership, enjoy¬ 
ment or descent of property. 


(NEW SECTION) 


Submitted as No. 3 on the ballot. 

Sec. 27. The English language is 
hereby declared to be the official 
language of this state, and ail of¬ 
ficial proceedings, records and pub¬ 
lications shall be in such language, 
and the common school branches 
shall be taught in said language in 
public, private, denominational and 
parochial schools. 


EXPLANATION 

The purpose of the amendment is to insure to the youth of the state 
a knowledge of the language in which the spirit of our institutions is 
expressed and to promote true Americanism. 


ARTICLE III. 


PRESENT CONSTITUTION 

Sec. la. The first power re¬ 
served by the people is the initia¬ 
tive. Ten per cent of the legal vo 
ters of the state, so distributed as 
te include five per cent of the legal 


PROPOSED AMENDMENT 

Submitted as No. 4 on the ballot 
and includes amended Sections la, 
1b and 1c. 

Sec. la. The first power re¬ 
served by the people is the tnitia- 


6 


ARTICLE III. 


PRESENT CONSTITUTION 

votera in each of tAVO-fifths of the 
counties of the state, may propose 
any measure by petition, which 
shall contain the full text of the 
measure so proposed. Provided, 
that proposed Constitutional 
Amendments shall require a peti¬ 
tion of fifteen per cent of the legal 
voters of the state distributed as 
above provided. Initiative petitions 
(except for municipal and wholly 
local legislation) shall be filed with 
the Secretary of State and be by 
him submitted to the voters at the 
first regular state election held not 
less than four months after such 
filing. The same measure, either in 
form or in essential substance, 
shall not be submitted to the peo¬ 
ple by initiative petition (either af¬ 
firmatively or negatively) oftener 
than once in three years. If con¬ 
flicting measures submitted to the 
people at the same election shall 
be approved the one receiving the 
highest number of affirmative voles 
shall thereby become law as to all 
conflicting provisions. The Consti¬ 
tutional limitations as to scope and 
subject matter of statutes enacted 
by the Legislature shall apply to 
those enacted by the initiative. 

Sec. lb. The second power re¬ 
served is the referendum. It may 
be ordered by a petition of ten per 
cent of the legal voters of the state, 
distributed as required for mitia- 
tive petitions. Referendum petitions 
against measures passed by the 
Legislature shall be filed with the 
Secretary of State within ninety 
days after the Legislature enact- 
mg the same adjourns sine die or 
for a period longer than ninety 
days; and elections thereon shall 
be had at the first regular state 
election held not less than thirty 
days after such filing. 

Sec. Ic. The referendum may bo 
ordered upon any act except acts 
making appropriations for the ex¬ 
penses of the state government, and 
stato institutions e:3asting at the 
time such act is passed. When the 
leferendum is ordered upon any act 
or any part thereof it shall sus¬ 
pend its operation until the same 


UKOrOSEI) AMIiNDMENT 

tive whereby laws may be enacted 
and constitutional amendments 
adopted by the people independent¬ 
ly of the Legislature. This power 
may be invoked by petition where¬ 
in the proposed measure shall be 
set forth at length. If the petition 
be for the enactment of a law, it 
shall be signed by seven per cent of 
the electors of the state and if the 
petition be for the amendment of 
the Constitution, the petition there¬ 
for shall be signed by ten per cent 
of such electors. In all cases the 
electors signing such petition shall 
be so distributed as to include five 
per cent of the electors of each of 
two-fifths of the counties of the 
state and when thus signed the pe¬ 
tition shall be filed with the Sec¬ 
retary of State, who shall submit 
the measure thus proposed to the 
electors of the state at the first gen¬ 
eral election held not less than 
four months after such petition 
shall have been filed. The same 
measure, either in form or in es¬ 
sential substance, shall not be sub¬ 
mitted to the people by initiative 
petition, either affirmatively or neg¬ 
atively, oftener than once in three 
years. If conflicting measures sub¬ 
mitted to the people at the same 
election be approved, the one re¬ 
ceiving the highest number of af¬ 
firmative votes shall thereby be¬ 
come law as to all conflicting pro¬ 
visions. The constitutional limita¬ 
tions as to the scope and subject 
matter of statutes enacted by the 
Legislature shall apply to those en¬ 
acted by the initiative. 

Sec. 1b. The second power re¬ 
served is the referendum which 
may be invoked, by petition, 
against any act or part of an act of 
the Legislature, except tho^e mak¬ 
ing appropriations for the expense 
of the state government or a state, 
institution existing at th© tln>e of 
5 the passage of such act. Petitions 
invoking the referendum shall be 
signed by not less than five per cent 
of the electors of the state, dis¬ 
tributed as required for initiative 
petitions, and filed In the office of 
the Secretary of State within ninety 




rr 




ARTICLE III. 


PRESENT CONSTITUTION 

is approved by the voters; provided 
that emergency acts, or acts for 
the immediate preeervation of the 
public peace, health, or safety shall 
continue in effect until I'ejected by 
the voters or repealed by the j-<eg- 
islature. Filing of a referendum pe¬ 
tition against one or more items, 
sections, or parts of an act shall 
not delay the remainder of the 
measure from becoming operative. 

See. Id. Nothing in this section 
shall be construed to deprive any 
member of the Legislature of the 
right to introduce any measure. 
The whole number of votes cast for 
governor at the regular election 
last preceding the filing of any 
initiative or referendum petition 
shall be the basis on which the 
number of legal voters required to 
sign such petition shall be comput¬ 
ed. The veto power of the gover¬ 
nor shall not extend to measures 
initiated by or referred to the peo¬ 
ple. All such measures shall be¬ 
come the law or a part of the Con¬ 
stitution when approved by a ma¬ 
jority of the votes cast thereon, 
provided, the votes cast in favor of 
said initiative measure or part of 
said Constitution, shall constitute 
thirty-five per cent (35%) of the 
total vote cast at said election, and 
not otherwise, and shall take ef¬ 
fect upon proclamation by the Gov¬ 
ernor, which shall be made within 
ten days of the completion of the 
official canvass. The vote upon initi¬ 
ative and referendum measures 
shall be returned and canvassed in 
the same manner as is prescribed 
in the case of presidential electors. 
The method of submitting and 
adopting amendments to the Con¬ 
stitution provided by this section 
shall be supplementary to the meth¬ 
od prescribed in the article of this 
Constitution, entitled “Amend¬ 
ments” and the latter shall in no 
case be construed to conflict here¬ 
with. This amendment shall be 
self-executing, but legislation may 
be enacted especially to facilitate 
its operation. In submitting peti¬ 
tions and ordei-s for the initiative 
and the referendum, the Secretary 


PKorosED .\:mend.iient 

days after the Legislature at which 
the act sought to be referred was 
passed shall have adjourned sine 
die or for more than ninety days. 
Such petition shall set out the title 
of the act against which the refer¬ 
endum is invoked, and in addition 
thereto, when only a portion of the 
act is sought to be referred, the 
number of the section or sections or 
portion of sections of the act desig¬ 
nating such portion. When the ref¬ 
erendum is thus invoked, the Sec¬ 
retary of State shall refer the same 
to the electors for approval or re¬ 
jection at the first general election 
to be held not less than thirty days 
after the filing of such petition. 

When the referendum is invoked, 
as to any act or part of act, other 
than emergency acts or those for 
the immediate preservation of the 
public peace, health or safety, by 
petition signed by not less than ten 
per cent of the electors of the state, 
distributed as aforesaid, it shall 
suspend the taking effect of such 
act or part of act until the same 
has been approved by the electors 
of the state. 

Sec. 1c. The whole number of 
votes cast for Governor at the gen¬ 
eral election next preceding the fil¬ 
ing of an initiative or referendum 
petition shall be the basis on which 
the number of signatures to such pe¬ 
tition shall be computed. The veto 
power of the Governor shall not ex¬ 
tend to measures initiated by or re¬ 
ferred to the people. A measure 
initiated shall become a law or part 
of the Constitution, as the case may 
be, when a majority of the votes 
cast thereon, and not less than 
thirty-five per cent of the total 
vote cast at the election at which 
the same was submitted, are cast 
in favor thereof, and shall take ef¬ 
fect upon proclamation by the Gov¬ 
ernor which shall be made within 
ten days after the official canvass 
of such votes. The vote upon initi¬ 
ative and refererrdum measures 
shall be returned and canvassed In 
the manner prescribed for the can¬ 
vass of votes for president. The 
method of submitting and adopting 


8 


ARTICLE III. 


PltESENT CONSTITUTION 
of State and all other othcers shall 
be guided by this amendment and 
the general laws until additional 
legislation shall be especially pro¬ 
vided therefor; all propositions 
submitted in pursuance hereof 
shall be submitted in a non-parti¬ 
san manner and without any indi¬ 
cation or suggestion on the ballot 
that they have been approved or 
endorsed by any political party or 
oiganization, and provided further 
that only the title of the measures 
shall be printed on the ballot and, 
when two or more measures have 
the same title they shall be num¬ 
bered consecutively in the order of 
filing with the Secretary of State 
and including the name of the first 
petitioner. 


PKOrOSED AMENDMENT 
amendments to the Constlcution 
provided by this section shall be 
supplementary to the method pre¬ 
scribed in the article of this Cor. 
stitution, entitled, “Amendments'' 
and the latter shall in no case be 
construed to conflict herewith. 
The provisions with respect to the 
initiative and referendum shall be 
self-executing, but legislation may 
be enacted to facilitate their opera¬ 
tion. All propositions submitted in 
pursuance hereof shall be submit¬ 
ted in a non-partisan manner and 
without any indication or sugges¬ 
tion on the ballot that they have 
been approved or endorsed by an> 
political party or organization. 
Only the title or proper descriptive 
words of measures shall be pr'nled 
on the ballot and when two or more 
measures have the same title they 
shall be numbered consecutively in 
the order of filing with the Secre¬ 
tary of State and the number shall 
be follovyed by the name of the fitot 
petitioner on the corresponding pe¬ 
tition. 


EXPLANATION 

Under proposed amendments in Sections la, lb and Ic and substi¬ 
tuted for original Sections la, lb, Ic and Id a petition signed by seven 
per cent of the voters is required to initiate a law, ten per cent to initiate 
a Constitutional amendment and five per cent to refer a law. If the pe¬ 
tition to refer a law is signed by ten per cent of the voters, the law is sus¬ 
pended until voted upon by the people. The title of the law only is re¬ 
quired to be stated in the petition to refer. These amendments reducing 
the per cent of the petitioners required were deemed advisable on account 
of the increased number of voters by suffrage being extended to women. 


ARTICLE III. 


Sec. 2. The Legislature snail 
provide by law for an enumeration 
of the inhabitants of the state in 
the year eighteen hundred and 
eighty-five and every ten years 
thereafter, and at its first regular 
session after each enumeration, 
and also after each enumeration 
made by the authority of the United 
States, but at no other time, the 
Legislature shall appoi’tion the sen¬ 
ators and representatives according 
to the number of inhabitants, ex¬ 
cluding Indians not taxed, and sol¬ 
diers and officers of the Uniied 
States army and navy. 


Submitted as No. 5 on the ballot. 

Sec. 2. At the regular session of 
the Legislature held in the year 
nineteen hundred and twenty-one 
the Legislature shall by law divide 
the state into senatorial and repre¬ 
sentative districts. In the creation 
of senatorial and representative dis¬ 
tricts, any county that contains 
population sufficient to entitle it to 
two or more senators or representa¬ 
tives, shall be divided into sepa¬ 
rate and distinct senatorial and rep¬ 
resentative districts, as near'y 
equal in population as may be and 
composed of contiguous and com- 


i 


ARTICLE III. 

t*RBSENT CONSTITUTION PROPOvSED AMENDMENT 

pact territory. After the creation 
of such districts, one senator shall 
be elected from each senatorial dis¬ 
trict and one representative from 
each representative district. The 
basis of apportionment shall be the 
population excluding aliens, as 
shown by next preceding federal 
census. In like manner, when 
necessary to a correction of in¬ 
equalities in the population of such 
districts, the state may be redrs- 
tricted from time to time, but not 
oftener than once in ten years. 

EXPLANATION 

The purpose is to distribute the senators and representatives more 
equitably in large cities, to provide representation to rural commuHities, 
to shorten the ballot, and to bring the candidate nearer the personal ac¬ 
quaintance of the voter. 


Sec. 3. The House of Repres-rm- 
tatives shall cowiist of eighty-foui 
members and the senate shall con¬ 
sist of thirty members, until the 
year eighteen hundred and eighty, 
after which time the number of 
members of each house shall be 
regulated by law; but the number 
of representatives shall never ex¬ 
ceed one hundred, nor that of sen¬ 
ators, thirty-three. The sessions of 
the Legislature shall be biennial, 
except as otherwise provided in this 
Constitution. 


Submitted as No. 6 on the ballot. 

Sec. 3. The House of Repies»n- 
tatives shall consist of not more 
than one hundred members and the 
senate of not more than fifty mem- ^ 
bers. The sessions of the Legiola 
ture shall be biennial, except as 
otherwise provided by this Consti¬ 
tution. 


EXPLANATION 

The purpose of the amendment is to permit greater latitude in de¬ 
termining membership of the Legislature. 


Sec. 4. At the first election of 
members of the Legislature held 
after the adoption of this an senti¬ 
ment members of the senate and 
houses of representatives shall be 
elected for the term of two years. 
Both senators and representatives 
shall each receive pay at the rale of 
six hundred dollars for each reg¬ 
ular session of the Legislature, dur¬ 
ing their term, and ten cents for 
every mile they shall travel in go¬ 
ing to and returning from the place 
of meeting of the Legislature, on 
the most usual route. That neither 
members of the Legislature nor em- 
ployes shall receive any pay or per¬ 
quisites other than their salary and 
mileage. Each session, except sp«.. 


Submitted as No. 7 on the ballot. 

Sec. 4. Senators and representa¬ 
tives shall be elected for a term of 
two years. They shall each receive 
the sum of eight hundred dollars 
for attendance at each regular bien¬ 
nial session of the Legislature and 
ten dollars for each day in actual 
attendance at special sessions; but 
in no case shall compensation for 
attendance at any one special ses¬ 
sion exceed one hundred dollars. 
They shall also be paid ten cents 
per mile for each mile traveled in 
once going to and returning from 
each regular or special session of 
the Legislature by the most usual 
route. Members of the Legislature 
ihall receive no pay nor perqu»- 


ARTICLE III. 


i'RESKNT CONSTITUTION 
cial session, shall not be less than 
sixty (lays. After the expiration of 
twenty days of the session, no bills 
nor joint resolutions of the nature 
of bills shall be introduced, unless 
the Governor shall by special mes¬ 
sage call the attention of the Legis¬ 
lature to the necessity of passing a 
law on the subject matter embiaced 
in the message, and the introduc¬ 
tion of bills shall be restricted 
thereto. Provided, that the gen¬ 
eral appropriation bills may be in¬ 
troduced up to and including the 
fortieth day. 


PROI'OSEI) AMENDMENT 

sites other than their mileage and 
friary per diem, as the case may 
be, nor shall employees receive any 
other compensation than their sal¬ 
ary or per diem. After the expira¬ 
tion of twenty days of the session, 
no bills nor joint resolutions of the 
nature of bills shall be introduced, 
unless the Governor shall, by spe¬ 
cial message call the attention of 
the Legislature to the necessity of 
passing a law on the subject mat¬ 
ter embraced in the message, and 
the introduction of bills shall be re¬ 
stricted thereto. Provided, that the 
general appropriation bills may be 
introduced up to and including the 
fortieth day. 


EXPLANATION 

The purpose of this amendment is to clarify the meaning of the 
salary provision, to provide a moderate increase in salary," and to elimi¬ 
nate the sixty day provision requiring the Legislature to remain in ses¬ 
sion that length of time even if it can complete its work in less time. 


Sec. 10. The style of ah bills 
shall be “Be it enacted by me peo¬ 
ple of the State of Nebraska,'* and 
no law shall be enacted except by 
bill. No bill shall be passed by the 
Legislature unless by assent of a 
majority of all the members elected 
to each house of the Legislatui-e 
and the question upon final passage 
shall be taken immediately upon its 
last reading and the yeas and nays 
shall be entered upon the journal. 


Submitted as No. 8 on the ballot 
and includes amended Sections 10 
and 11. 

Sec. 10. The style of all bills 
shall be, “Be it enacted by the peo¬ 
ple of the State of Nebraska," and 
no law shall be enacted except by 
bill. No bill shall be passed by the 
Legislature unless by the assent of 
a majority of all members elected 
to each house of the Legislature, 
and the question upon final pas¬ 
sage shall be taken immediately 
upon its last reading and the yeas 
and nays shall be entered upon the 
journal. No amendment to any 
bill by one house shall be concurred 
in by the other nor shall the report 
of any conference committee as to 
any bill be adopted by either house 
except by the assent of the same 
number of members as is required 
for the passage of the original bill 
taken by yeas and nays entered up¬ 
on the journal. 


EXPLAN.VTION 

Under existing legislative procedure a yea and nay vote is not re¬ 
quired m the adoption of conference reports or amendments pertaining 
to important bills and carrying in many cases large appropriations. 
Necessarily many such measures are considered during the closing days 
af the session when there is not a full attendance. The pm’pose of the 





11 


amendment is to require a majority approval of such reports and amend¬ 
ments by yea and nay vote. 


ARTICLE 111. 


PRESENT CONSTITUTION 
Sec. 11. Every bill and concur¬ 
rent resolution shall be read at 
large on three different days in 
each house and the bill and all the 
amendments thereto shall be print¬ 
ed before the vote is taken upon 
its final passage. No bill shali con¬ 
tain more than one subject, and 
the same shall be clearly expressed 
in its title. And no law shali be 
amended unless the new act con¬ 
tain the section or sections so 
amended and the section or sec¬ 
tions so amended shall be repealed. 
The presiding officer of each house 
shall sign in the presence of the 
house over which he presides, 
while the same is in session and 
capable of transacting business, all 
bills and concurrent resolutions 
passed by the Legislature. 


PROPOSED AMENDMENT 
Sec. 11. Every bill and concur¬ 
rent resolution shall be read by l»- 
tle when introduced, and a priwted 
copy thereof provided for the us* of 
each member, and the bill ana all 
amendments thereto shall be print¬ 
ed and read at large before the 
vote is taken upon its final pas¬ 
sage. No bill shall contain more 
than one subject, and the same 
shall be clearly expressed in the ti¬ 
tle. And no law shall be amended 
unless the new act contain the sec¬ 
tion or sections as amended and 
the section or sections so amended 
shall be repealed. The presiding 
officer of each house shall sign, in 
the presence of the house over 
which he presides while the same 
IS in session and capable of trans¬ 
acting business, all bills and con¬ 
current resolutioris passed by the 
Legislature. 


EXPLANATION 

The purpose is to avoid a waste of time, to conform to the usual 
procedure and to enable both houses to act on a measure in one day, if 
necessary, at a special session of the Legislature. 


Sec. 13. No person elected to the 
Legislature shall receive any civil 
appointment within this state from 
the Governor and senate during 
the term for which he has been 
elected. And all such appoint¬ 
ments and all votes given for any 
such member for any such office or 
appointment, shall be void. Nor 
shall any member of the Legisla¬ 
ture, or any state officer be interest¬ 
ed either directly or indirectly, in 
any contract with the state, county, 
or city, authorized by any law 
passed during the term for which 
he shall have been elected, or with¬ 
in one year after the expiration 
thereof. 


Submitted as No. 9 on the ballot. 

Sec. 13. No person elected or 
appointed to the Legislature shal* 
receive any civil appointment to a 
state office during the term for 
which he has been elected or ap¬ 
pointed, and all such appointments 
shall be void; nor shall any mem¬ 
ber of the Legislature, or any state 
officer be interested, either direct¬ 
ly or indirectly^ in any contract, 
with the state or any county or 
municipality thereof, authorized by 
any law enacted during the term 
for which he shall have been 
elected or appointed, or within one 
year after the expiration of such 
term. 


EXPL.VNATION 

The purpose of the amendment is to make this provision apply to 
members who may have been appointed as well as to members who hav^ 
been elected. 

ARTICLE III. 

Sec. 16. The Legislature shall Submitted as No. 10 on the ballot 
never grant apy extrg compensa- Sec. 16. The Legislature shf 


IS 


PROPOSED AMENDMENT 
never grant any extra compensa¬ 
tion to any public officer, agent or 
servant after the services have 
been rendered nor to any contrac¬ 
tor after the contract has been 
entered into, nor shall the com¬ 
pensation of any public officer, in¬ 
cluding any officer whose compen¬ 
sation is fixed by the Legislature 
subsequent to the adoption hereof 
be increased or diminished during 
his term of office. 

EXPLANATION 

Ihe purpose of this amendment is to prevent increase of the salary 
of a public official during his term of office and to prevent or discourage 
lobbjing in favor of increase of salary. 

Sec. 17. The Legislature shall Submitted as No. 11 on the ballot, 

never alienate the salt springs be- See. 17. The salt springs, coai, 

longing to this state. oil, minerals, or other natural re¬ 

sources on or contained in the land 
belonging to the state shall never 
be alienated; but provision may 
be made by law for the leasing or 
development of the same. 

EXPLANATION 

The purpose is to preserve to the people of the stnte the benefit of 
the remaining natural resources belonging to the state. 


PRESENT CONSTITUTION 

tlon to any public officer, agent, 
servant, or contractor after the 
services shall have been rendered 
or the contract entered into. Nor 
shall the compensation of any pub¬ 
lic officer be increased or dimin¬ 
ished during his term of office. 


ARTICLE IV. 


(OBSOLETE LEGISLATIVE Submitted as No. 12 on the ballot. 

APPORTIONMENT) Senatorial and representative dis¬ 

tricts shall continue as now exist¬ 
ing, until otherwise provided by 
law. 

EXPLANATION 
Eliminates obsolete matter. 


ARTICLE V. 


Section 1. The executive de¬ 
partment shall consist of a Gov¬ 
ernor, Lieutenant Governor, Secre¬ 
tary of State, Auditor of Public Ac 
counts, Treasurer, Superintendent 
of Public Instruction, Attorney 
General, and Commissioner of Pub¬ 
lic Lands and Buildings, who shall 
each hold his office for the term 
of two years from the first Thurs¬ 
day after the first Tuesday in 
January next after his election, 
and until his successor is elected 
and qualified; Provided, however, 
that the first election of said 
officers shall be held on the Tues¬ 
day succeeding the first Monday 
in November, 1876, and each suc- 


-W_J 

Submitted as No. 13 on the ballot 
and includes amended Sections 1, 
2, 6, 7, 13, 19, 24 and 26. 

Section 1. The executive officers 
of the state shall be the Governor, 
Lieutenant Governor, Secretary of 
State, Auditor of Public Accounts. 
Commissioner of Public Lands and 
Buildings, Treasurer, Attorney Gen¬ 
eral, Superintendent of Public In¬ 
struction and the heads of such 
other executive departments as may 
be established by law. The Legis¬ 
lature may provide for the placing 
of the above named officers as 
heads over such departments of 
government as it may by law 
create. The Governor, Lieutenant 





It 


ARTICLE V. 


PRESENT CONSTITUTION 
ceeding election shall be held at 
the same relative time in each 
even year thereafter. The Gov¬ 
ernor, Secretary of State, Auditor 
of Public Accounts, and Treasurer 
shall reside at the seat of govern¬ 
ment during their terms of office, 
and keep the public records, books 
and papers there, and shall perform 
such duties as may be required by 
law. 


PROPOSED AMENDMENT 
Governor, Attorney General, Secre¬ 
tary of State, Auditor of Publle 
Accounts, Commissioner of Public 
Lands and Buildings and Treasurer 
shall be chesen at the general elec¬ 
tion held in November, 1922, and 
in each even numbered year there¬ 
after, and their term of office shall 
be two years and until their suc¬ 
cessors shall be elected and quali¬ 
fied. The Superintendent of Pub¬ 
lic Instruction shall be elected in 
November, 1922, and every four 
years thereafter, and his term of 
office shall be four years and until 
his successor shall be elected and 
qualified. The records, books and 
papers of all executive officers 
shall be kept at the seat of govern¬ 
ment, and such officers, excepting 
the Lieutenant Governor, shall re¬ 
side there during their respective 
terms of office. Officers in the 
executive department of the state 
shall perform such duties as may 
be provided by law. The heads of 
all executive departments estab¬ 
lished by law, other than those to 
be elected as provided herein, shall 
be appointed by the Governor, with 
the consent of a majority of all the 
members elected to the senate and 
house of representatives meeting 
in Joint session, but officers so ap¬ 
pointed may be removed by the 
Governor. Subject to the provi¬ 
sions of this Constitution, the 
heads of the various executive or 
civil departments shall have power 
to appoint, and remove all subor¬ 
dinate employees In their respec¬ 
tive departments. 


EXPLANATION 

Amended Section 1 provides that the executive authority of the 
state shall be vested in the executive officers enumerated in the present 
Constitution, and in the heads of such other executive departments as 
may be established by law. The authority given the Legislature was 
deemed advisable, in view of the increasing business in banking, public 
works, insurance, blue sky and other branches of the public service. In 
order, however, to prevent the creation of any unnecessary executive de¬ 
partments, the Legislature is authorized to utilize any of the elective 
state officers as the heads of such departments. The heads of any execu¬ 
tive departments established by law are to be appointed by the Qiovernor 
with the consent of a majority of the senate and the house of representa¬ 
tives in joint session. The term of office of the Superintendent is 
changed from two to four years. 



14 


ARTICLE V. 

PRESENT CONSTITUTION PROPOSED AMENDMENT 

(NEW SECTION) Sec. 2. No person shall be eligi¬ 

ble to the office of Governor, or 
Lieutenant Governor, who shall not 
have attained the age of thirty 
years, or who shall not have been 
for five years next preceding his 
election a resident and citlaen of 
this state and a citizen of the Unit¬ 
ed States. None of the officers 
mentioned in this article shall be 
eligible to any other state office 
during the period for which they 
have been elected or appointed. 


EXPLANATION 

Provides that a person to be eligible to the office of Governor must 
have resided in the state at least five years instead of two years as in 


the present Constitution. 

See. 6. The supreme executive 
power shall be vested in the Gov¬ 
ernor, who shall take care that the 
laws be faithfully executed. 


Sec. 6. The supreme executive 
power shall be vested in the Gov¬ 
ernor, who shall take care that the 
laws be faithfully executed and the 
affairs of the state efficiently and 
economically administered. 


EXPLANATION 

Provides that the Governor is required not only to see that the laws 
are faithfully executed as in the present Constitution, but al^o tliat “the 
affairs of the state are efficiently and economically administered." 


Sec. 7. The Governor shall, at 
the commencement of each session, 
and at the close of his term of 
office, and whenever the Legisla¬ 
ture may require, give to the Leg¬ 
islature information by message oi 
the condition of the state, ana 
shall recommend such measures as 
he shall deem expedient. He shall 
account to the Legislature, and ac¬ 
company his message with a state¬ 
ment of all moneys received an'’ 
paid out by him, from any funds 
subject to his order, with vouchers, 
and, at the commencement of each 
regular session, present estimates 
of the amount of money required 
to be raised by taxation for all 
purposes. 


Sec. 7. The Governor shall, at 
the commencement of each session, 
and at the close of his term of of¬ 
fice and whenever the Legislature 
may require, give by message to 
the Legislature information of the 
condition of the state, and shall 
recommend such measures as he 
shall deem expedient. He shall, by 
message, make to the Legislature 
an account and statement, with 
vouchers attached, of ail moneys 
received and paid out by him, from 
iny and all funds subject to his 
order, and, at the commencement 
of each regular session shall pre¬ 
sent, by message, a complete Item¬ 
ized budget of the financial require¬ 
ments.. of all departments, institu¬ 
tions and agencies of the state 
for the ensuing blenntum. Said 
budget shall be prepared with such 
expert assistance and under such 
regulations as may be provided by 
law. No appropriations shall be 
made in excess of the recommends- 


If 

ARTICLE V. 


PREStiNT CONSTITUTION PROPOSED AMENDMENT 

tion contained in such budget un¬ 
less by three-fifths vote of each 
house of the Legislature, and such 
excess so approved by a three-fifths 
vote shall not be subject to veto 
by the Governor. 

EXPLANATION 

Provides for a budget. This is in the interest of economy. The 
preparation of appropriation bills by a legislative committee requires 
hasty judgment based, not upon independent study, but upon showing by 
the persons in charge of state institutions or departments. A budget is 
prepared upon independent investigation. A legislative appropriation bill 


results in log-rolling and waste. A 
institutions on their merits. 

Sec. 13. The Governor shall 
have the power to grant reprieves, 
commutations and pardons, after 
conviction, for all offenses except 
treason, and cases of impeach¬ 
ment, upon such conditions and 
with such restrictions and limita ¬ 
tions as he may think proper, sub¬ 
ject to such regulations as may be 
provided by law, relative to the 
manner of applying for pardons. 
Upon conviction for treason, he 
shall have power to suspend the 
execution of the sentence until the 
case can be reported to the Legis¬ 
lature at its next session, when the 
Legislature shall either pardon or 
commute the sentence, direct the 
execution of the sentence, or grant 
a further reprieve. He shall com¬ 
municate to the Legislature, at 
every regular session, each case of 
reprieve, commulmtion or pardon 
granted, stating the name of the 
convict, the crime of which he was 
convicted, the sentence and its 
date, and the date of the reprieve, 
commutation or pardon. 


budget results in fair dealing to all 

Sec. 13. The Governor, Attorney 
General, and Secretary of State 
shall constitute a board to be 
know7i as the Board of Pardons, of 
which the Governor shall be chair¬ 
man. Said board, or a majority 
thereof, shall have powor to remit 
fines and forfeitures and to grant 
commutations, pardons and paroles 
after conviction and Judgment, 
under such conditions as may be 
prescribed by law, for any offenses 
committed against the criminal 
laws of this state except treason 
and cases of impeachment. But no 
fine or forfeiture shall be remitted, 
and no commutation, pardon or 
parole granted except upon the ap¬ 
proval of a majority of the board 
after a full hearing in open session, 
and not until notice of the time and 
place of such hearing, and of the 
relief sought, shall have been given 
by personal service thereof upon 
the judge of the court by which the 
sentence was pronounced and the 
county attorney of the county 
where the offense was committed. 
Provided, however, the Governor 
shall have power to grant respites 
or reprieves in all cases of convic¬ 
tion for offenses against the 
laws of the state, except treason 
and cases of impeachment, but 
such respites or reprieves shall not 
extend beyond the next meeting of 
the Board of Pardons, and in no 
case for a greater period than 
thirty days. The proceedings and 
decisions shall be reduced to writ- 
ing, and with the reasons for such 
action in each case, signed by the 


ARTICLE V. 


PRESENT CONSTITUTION PROPOSEI) AMENDMENT 

' members of the board concurring 

therein, and with all papers used 
upon the hearing including tfie dis¬ 
sent of any member who may not 
concur, shall be filed in the office 
of the Secretary of State. The 
Governor shall communicate to the 
Legislature, at each r'egular session, 
each case of remission of fine, for¬ 
feiture, reprieve, commutation, par¬ 
don or parole, granted since the 
last previous report, stating the 
name of the convict, the crime of 
which he was convicted, the sen¬ 
tence and its date, and the date of 
remission, commutation, pardon, 
parole or reprieve, with the rea¬ 
sons for granting the same, and 
the objections, if any, of any mem¬ 
bers of the board made thereto. 
The board shall have power to sus¬ 
pend the execution of the sentence 
imposed for treason until the case 
can be reported to the Legislature 
at its next session, when the Legis¬ 
lature shall either grant a pardon, 
or commute the sentence or direct 
the execution, or grant a further re- 
• prieve. 


EXPLANATION 

Provides a board of pardons consisting of the Governor, Secretar> 
of State, and Attorney General, instead of leaving that power to the Gov¬ 
ernor alone, as provided by the present Constitution. It provides for 
giving notice of an application for a pardon, furlough or parole, to the 
county attorney and judge of the court of the county where the convic¬ 
tion was had. And that a public record shall be kept of all proceedings 


of said board. 

Sec. 19. The Governor shall, 
prior to the adjournment of the 
thirty-third session of the Legisla¬ 
ture, nominate and, with the con¬ 
sent of two-thirds of the members 
of the senate in executive session, 
appoint three electors of the state, 
not more than two of whom shall 
belong to the same political party 
and no two of whom shall reside 
at the time of their appointment in 
the same congressional district, as 
members of a board to be known 
as a “Board of Commissioners of 
State Institutions”. Said members 
shall hold office as designated by 
the Governor for two, four and six 
years respectively. Subsequent ap- 


Sec. 19. There shall be a “Board 
of Control” of state institutions 
consisting of three members who 
shall be appointed by the Governor 
by and with the consent of two- 
tnirds of the members of the 
senate. Not more tha» two of the 
members of said boarc ^hall belong 
to the same political party, and no 
two of them shall reside in the 
same Congressional District when 
appointed. They shall be appointed 
for a term of six years, except to 
fill vacancy which shall be for the 
unexpired term. The present mem¬ 
bers shall hold office until their 
successors are appointed, and one 
member shall be appointed in the 



Iff 

ARTICLE V, 


PRESENT CONSTITUTION 
pointments shall be made as pro¬ 
vided and, except to fill vacancies, 
shall be for a period of six years. 
The board shall at all times be sub¬ 
ject to the above restrictions and 
limitations. The Board of Com¬ 
missioners shall have full power to 
manage, control and govern, sub¬ 
ject only to such limitations, as 
shall be established by law, the 
State Soldiers’ Home, Hospitals 
for the Insane, Institute for the 
Deaf, Institute for the Blind, In¬ 
dustrial Schools, institute for 
Feeble Minded Children, Nebraska 
Industrial Home, Orthopedic Hos¬ 
pital, the State Penitentiary, and 
all charitable, reformatory and 
penal institutions that shall be by 
law established and maintained by 
the state of Nebraska. They shall 
each give bonds, receive compensa- 
<ion for service, perform all duties 
and comply with all regulations 
that shall be established by law. 
The powers possessed by the Gov¬ 
ernor and Board of Public Lands 
and Buildings with reference to 
the management and control of the 
institutions herein named shall, on 
July 1, 1913, cease to exist in the 
Governor and the Board of Public 
Lands and Buildings and shall be¬ 
come vested in a Board of Commis 
sioners of State Institutions, and 
the said board is on July 1, 1913, 
and without further process of law, 
authorized and directed to assume 
and exercise all the powers hereto¬ 
fore vested in or exercised by the 
Governor or Board of Public Lands 
and Buildings with reference to the 
institutions of the state named here¬ 
in, but nothing herein contained 
shall limit the general supervisory 
or examining powers vested in the 
Governor by the laws or Constitu¬ 
tion of the state, or such as are 
vested by him in any committee 
appointed by him. 


PROPOSED AMENDMENT 
month of January, 1921, and one 
every two years thereafter. The 
Board of Control shall have full 
power to manage, control and 
govern, subject only to such limi¬ 
tations as may be established by 
law, all state charitable, reforma¬ 
tory and penal institutions that now 
are or may hereafter be estab¬ 
lished. They shall give suc’h bonds, 
receive such salaries and perform 
such duties as may be provided by 
law. 


EXPLANATION 

Makes no substantial change, but it has been re-wrltten for ths pur¬ 
pose of eliminating unnecessary details and verbiage. 

Soo. 24. The salaries of the 8«c. 24. The officers provided 
Qknremor, Auditor of Public Ac- for in this article shall receive eueli 
counta and Treasurer, shall be two ealarlee ee may he prtvMed fey Ims» 


ARTICLE V. 


PRESENT CONSTITUTION 

thousand five hundred dollars each 
per annum, and of the Secretary 
of State, Attorney General, Super¬ 
intendent of Public Instruction, and 
Commissioner of Public Lands and 
Buildings shall be two thousand 
dollars each per annum. The Lieu¬ 
tenant Governor shall receive twice 
the compensation of a senator, and 
after the adoption of this Constitu¬ 
tion, they shall not receive to their 
own use, any fees, costs, interest 
upon public moneys in their hands, 
or under their control, perquisites 
of office or other compensation, and 
all fees that may hereafter be pay¬ 
able by law for services performed 
by an officer provided for in this ar¬ 
ticle of the Constitution shall be 
paid in advance into the state treas¬ 
ury. There shall be no allowance 
for clerk hire in the offices of the 
Superintendent of Public Instruc¬ 
tion and Attorney General. 


PROPOSED AMENDMENT 
but the salary of no officer shall 
be changed more than once In elght 
years. Such officers or such other 
officers as may be provided for by 
law, shall not receive for their own 
use any fees, costs, or interest up¬ 
on public moneys in their hands. 
All fees that may hereafter be pay¬ 
able by law for services performed, 
or received by an officer provided 
for in this article, by virtue of his 
office shall be paid forthwith Into 
the state treasury. 


EXPLANATION 

Provides that the salaries of all state officers shall be fixed b> the 
Legislature. The provisions of our present , Constitution relating to sal¬ 
aries was made when the state was new and undeveloped. It was then 
thought proper to prohibit allowance for clerk hire in the officea of Super¬ 
intendent of Public Instruction and Attorney General. In view of the 
meager amount of work required in such offices at that time, the provision 
may not have been unreasonable; but changed conditions emphasize the 
wisdom of not placing such restrictions in the Constitution of a growing 
state. Temporary salaries are provided for in the schedule section, 
which shall continue until the Legislature otherwise provides. 


Sec. 26. No other executive 
state office shall be continued or 
created, and the duties now devolv¬ 
ing upon officers not provided for 
by this Constitution shall be per¬ 
formed by the officers herein 
created. 


Sec. 26. No executive state ef- 
fice other than herein provided 
shall be created except by a two- 
thirds majority of all members 
elected to the senate and house of 
representatives respectively. 


EXPLANATION 

Provides for a modification of the present provision which prohibits 
the creation of additional executive offices. The Legislature may, by a 
two-thirds majority of all members elected to both houses, establish 
needed executive departments. We have deemed this a wise and yet a 
restrictive provision. Future development of the state, doubtless will 
bring with it new conditions and problems that can not now be foreseen. 
The Constitution should be sufficiently elastic to enable the people to 
meet such changing conditions. 

(NESW SECTION) Submitted as No. 14 on the ballet. 

Sec. 27. A Tauc Cemmiceleiier 
ehall be appelnUd by the Oovemer 


It 


ARTICLE V 


PRESENT CONSTITUTION PROPOSED AMENDMENT 

with the advice and coriisent of the 
' senate. He shall have Jurisdiction 

over the administration of the 
revenue laws of the state, and to¬ 
gether with the Governor, Secre¬ 
tary of State, State Auditor and 
State Treasurer shall have power 
to review and equalize assessments 
of property for taxation within the 
state. He shall have such other 
powers and perform such other 
duties as the Legislature may pro¬ 
vide. His term of office and com¬ 
pensation shall be as provided by 
law. 


EXPLANATION 

it provides for a state tax commissioner to be appointed by the Gov¬ 
ernor with the advice and consent of the senate. He shall have jurisdic¬ 
tion over the revenue laws of the state and, together with the Governor, 
Secretary of State, State Auditor and State Treasurer, shdil have power 
to review and equalize assessments of property for taxation and have 
such other powers and perform such other duties as the Legislature may 
provide. Such an officer has been found to be of great service to the 
people in many other states, and has resulted in more efficient adminis¬ 
tration of the revenue laws and a more equitable distribution of taxation. 


ARTICLE VI. 


Section 1. The judicial power 
of this state shall be vested in a 
supreme court, district courts, 
county courts, justices of the 
peace, police magistrates, and in 
such other courts, interior to the 
district courts as may be created 
by law for cities and incorporated 
towns. 


Submitted as No. 15 on the ballot 
and includes amended Sections 1, 
2, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 18, 
19, 20, and 21; also two new sec¬ 
tions numbered 25 and 26 of Arti¬ 
cle VI. 

Section 1. The judicial power 
of the state shall be vested in a 
supreme court, district courts, 
county courts, justices of the 
peace, and such other courts in¬ 
ferior to the supreme court as may 
be created by law; but other courts 
may be substituted by law for jus¬ 
tices of the peace within such dis¬ 
tricts, and with such additional 
civil and criminal jurisdiction, as 
may be provided by law. 


EXPLANATION 

Amended Section 1 gives to the Legislature the authority to estab¬ 
lish courts inferior to the Supreme Court. Therefore if it becomes neces¬ 
sary to carry on tho work of the courts with promptness, the Legislature 
may create an Intermediate Appellate Court, which right heretofore has 
been denied the legislative body. 


Sec. 2. The supreme court shall 
consist of seven (7) judges; and 
a majority of all the elected and 
qualified judges shall be necessary 


Sec. 2. The supreme court shall 
consist of seven judges, one ot 
whom shall be the Chief Justice. 
A majority of the judges shall 


ARTICLE VI. 


PRESENT CONSTITUTION 

to constitute a quorum or pro¬ 
nounce a decision. The supreme 
court shall have jurisdiction in all 
cases relating to the revenue, civil 
cases in which the state is a part>, 
mandamus, quo warranto, habeas 
corpus, and such appellate jurisdic¬ 
tion as may be provided by law. 


PROPOSED AMENDMENT 
necessary to constitute a quorum. 
A majority of the members sitting 
shall have authority to pronounce 
a decision except in cases involv¬ 
ing the constitutionality of an act 
of the Legislature. The supreme 
court shall have jurisdiction in all 
cases relating to the revenue, civil 
cases in which the state Is a party, 
mandamus, quo warranto, habeas 
corpus, and such appellate jurisdic¬ 
tion as may be provided by law. 
Whenever necessary for the prompt 
submission and determination of 
causes, the supreme court may ap¬ 
point judges of the district court 
to act as associate judges of the 
supreme court, sufficient in num¬ 
ber, with the judges of the su¬ 
preme courts to constitute two divi¬ 
sions of the court of five judges in 
each division. Whenever judges of 
the district court are so acting the 
court shall sit in two divisions, 
and four of the judges thereof 
shall be necessary to constitute a 
quorum. Judges of the district 
court so appointed shall serve dur¬ 
ing the pleasure of the court, and 
shall have all the powers of judges 
of the supreme court. The Chief 
Justice shall make assignments of 
judges to the divisions of the 
court, and shall preside over the 
division of which he is a member, 
and designate the presiding judge 
of the other division. The Judges 
of the supreme court, sitting with¬ 
out division, shall hear and deter¬ 
mine all cases involving the con¬ 
stitutionality of a statute, and all 
appeals from conviction of homi¬ 
cide; and may review any decision 
rendered by a division of the court. 
In such cases, in the event of the 
disability or disqualification by In¬ 
terest or otherwise, of any of the 
judges of the supreme court, the 
court may appoint judges of the 
district court to sit temporarily as 
judges of the supreme court, suffi¬ 
cient to constitute a full court of 
seven judges. Judges of the dis¬ 
trict court shall receive no addi¬ 
tional salary by virtue of their ap- 
pointmeni and service as herein 
provided; but they shall be relm- 



ARTICLE VI. 


PRESENT CONSTITUTION ^ PROPOSED AJMENDIVIENT 

bursed their necessary traveling 
and hotel expenses. 

EXPLANATION 

Amended Section 2 authorizes the Supreme Court to sit in divisions, 
the Chief Justice sitting in each division, four judges being necessary to 
constitute a quorum, but the concurrence of only three judges being 
necessary to pronounce a decision. This provisioan will eliminate the dif¬ 
ficulties encountered by the Supreme Court when sitting in divisions un¬ 
der the present Constitution requiring the concurrence of four judges to 
pronounce a decision. Furthermore, under this new provision, if it is 
deemed advisable, the Supreme Court may call in District Judges to sit 
with the Supreme Judges and thereby create two divisions of the Su¬ 
preme Court of five judges each, for the purpose of disposing of a con¬ 
gested docket. Electors will observe that this system will expedite the 
work of the Supreme Court without additional expense to the taxpayers. 


Sec. 6. The .chief justice shall 
serve as such during all the term 
for which he was elected. He shall 
preside at all terms of the supreme 
?ourt, and in his absence, the judges 
,'hall select one of their number to 
preside temporarily. 

Sec. 7. No person shall be eligi¬ 
ble to the office of judge of the su¬ 
preme court unless he shall be at 
least thirty years of age, and a citi¬ 
zen of the United States; nor un¬ 
less he shall have resided in this 
state at least three years next pre¬ 
ceding his election. 

\ 


Sec. 8. There shall be appointed 
by the supreme court, a reporter, 
who shall also act as clerk of the 
supreme court, and librarian of the 
law and miscellaneous library of 
the state, whose term of office shall 
be four years, unless sooner re¬ 
moved by the court, whose salary 
shall be fixed by law, not to exceed 
fifteen hundred dollars per annum. 
The copyright of the state reports 
shall forever belong to the stale. 


Sec. 6. The chief justice shall 
preside at all terms and sittings of 
the supreme court, and in his ab¬ 
sence or disability the judges 
present shall select one of their 
number chief justice pro tempore. 

Sec. 7. No person shall be eligi¬ 
ble to the office of chief justice or 
judge of the supreme court unless 
he shall be at least thirty years of 
age, and a citizen of the United 
States, and shall have resided in 
this state at least three years next 
preceding his election; nor, in the 
case of a judge of the supreme 
court elected from a supreme court 
judicial district, unless he shall be 
a resident and elector of the district 
from which elected. 

Sec. 8. There shall be appointed 
by the supreme court, a clerk and a 
reporter of the court, each of whom 
shall hold his office for a term of 
&8X years, unless sooner removed by 
the court, and their salaries shall 
be fixed by law; the clerk shall also 
e.ct as librarian of the law and mis¬ 
cellaneous library of the state. 

The court shall also appoint such 
clerical help as may be needed for 
the proper dispatch of the business 
of the court. The court shall pre¬ 
pare and recommend to each ses¬ 
sion of the Legislature a budget of 
the estimated expenses of the court 
for the ensuing biennium. The 
copyright of the state reports shall 
forever remain the property of the 
state. 





ARTICLE VI. 


PKESICXT CONSTITUTION 

Sec. 10. The state shall be di¬ 
vided into six judicial districts, in 
eaeh of which shall,-be elected, by 
the electors ther(%)f, one judge who 
shall be judge of the ^district court 
therein, and whose term of office 
shall be four years. 

Until otherwise pi^^^ded by law, 
i»aid districts shall be as follows: 

Phrst District: The counties of 
Richardson, Johnson, Pawnee, Gage, 
Jefferson, Saline, Thayer, Clay, 
Nuckolls and Fillmore. 

Second District: The counties of 
Nemaha, Otoe, Cass and Lancaster. 

Third District-: The counties of 
Douglas, Sarpy, Washington and 
Burt. 

Fourth District: IThe counties of 
Saunders, Dodge, Butler, • Colfax, 
Platte, Polk, Merrick, Hamilton, 
York, Seward, Hall and Howard. 

Fifth District: The counties of 
Buffalo, Adams, Webster, Franklin, 
Harlan, Kearney, Phelps, Gosper, 
Furnas. Hitchcock, Dundy, Chase, 
Cheyenne, Keith, Lincoln, Dawson, 
Sherman, Red Willow, Frontier and 
the unorganized territory west of 
said district. 

Sixth District: The counties of 
Cuming, Dakota, Dixon, Cedar, 
Wajne, Stanton, Madison, Boone, 
Pierce, Knox, Antelope, Holt, Gree¬ 
ley, Valley, and the unorganized 
territory west of said district. 

Sec. 11. The Legislature, when¬ 
ever two-thirds of the members 
elected to each housp, shall concur 
therein, may, in or after the year 
One thousand eight hundred and 
eighty, and not oftener than once in 
every four years, increase the num¬ 
ber of judges of the district courts, 
and fhe judicial districts of the 
state. Such districts shall be 
formed of compact territory, and 
bounded by county lines; and such 
increase, •!’ any change in the 
boundaries of a district, shall not 
vacate the office of any judge. 

Sec. 12. The judges of the dis¬ 
trict court may hold courts for each 
other and shall do so when required 
by law. 


I'ROPOSEI) AMENDMENT 

Sec. 10. The state shall be di¬ 
vided into district court judicial dis¬ 
tricts. Until otherwise provided by 
law, the boundaries of the Judicial 
districts and the number of Judges 
of the district courts shall remain 
as now fixed. The Judges of the 
district courts shall be elected by 
the electors of the respective dis- 
trfets, and their term of office shall 
be four years. 


Sec. 11. The concurrence of two- 
thirds of the members elected to 
each house of the Legislature shall 
be required to change the number 
of Judges of the district courts, or 
to alter the boundaries of Judicial 
districts. Such change in number 
or alterations in boundaries shall 
not vacate the office of any Judge. 
Such districts shall be formed of 
compact territory bounded by coun¬ 
ty lines. 


Sec. 12. The Judges of the dis¬ 
trict court may hold court for each 
other and shall dp so when required 
by law or when ordered by the 
supreme court. 





ARTICLE VI. 


PRESENT CONSTITUTION 

Sec. 13. That judges of the su- 
pieme court shall each receive a 
salary of $4,600, and the judges of 
the district court shall each re¬ 
ceive a salary of $3,000, per annum, 
payable quarterly. 

Sec. 14. No judge of the supreme 
or district courts shall receive any 
other compensation, perquisite or 
benefits, for or on account of his 
ollice, in any form whatsoever, nor 
act as attorney or counsellor at law 
in any manner whatever, nor shall 
any salary be paid to any county 
jiidge. 

Sec. 15. There shall be elected 
in and for each organized county 
one judge, who shall be judge of 
the county court of such county, 
and whose term of office shall be 
two years. 


Sec. 16. County courts shall be 
courts of record, and shall have 
original jurisdiction in all matters 
of probate, settlements of estates 
of deceased persons, appointments 
of guardians, and settlements oi 
their accounts; in all matters ielat¬ 
ing to apprentices; and such other 
jurisdiction as- may be given by the 
general law. But they shall not have 
jurisdiction in criminal cases in 
which the punishment may exceed 
six months imprisonment, or a fine 
of over five hundred dollars; nor 
in actions in which title to real es¬ 
tate is sought to be recovered, or 
may be drawn in question; nor in 
actions on mortgages or contracts 
for the conveyance of real estate; 
nor in civil actions where the debt 
or sum claimed shall exceed one 
thousand dollars, 

Sec. 18. Justices of the peace 
and police magistrates shall be elec¬ 
ted in and for such districts, and 
have and exercise such jurisdiction 
as may be provided by law; provid¬ 
ed, that no justice of the peace 
shall hare jurisdiction in any civil 
case where the amount in contro¬ 
versy shall exceed two hundred 
dollara; nor to » criminal caie 


PROPOSED AMEINDMENT 
Sec. 13. The chief justice, the 
Judges of the supreme court and the 
Judges of the district court shall re¬ 
ceive such salaries as may be pro¬ 
vided by law. 


occ. 14. No Judge of the supreme 
or district courts shall act as attor¬ 
ney or counsellor at law in any man¬ 
ner whatsoever. No county Judge 
shall practice law in any court in 
Si'.y matter arising in or growing 
cut of any proceedings in his owr 

CCUt'L. 


Sec. 15. In the year 1920 and 
every four years thereafter there 
shall be elected in and for each 
county one Judge, who shall be 
Judge of the county court of such 
county, whose term of office shall 
be four years and whose salary 
shall be fixed by law. 

Sec. 16. County courts shall be 
courts of record, and shall have 
original Jurisdiction in all matters 
of probate, settlement of estates of 
deceased persons, and in such pro¬ 
ceedings to find and determine heir¬ 
ship; appointment of guardians, and 
settlement of their accounts; and 
such other Jurisdiction as may be 
given by general law. But they shall 
not have Jurisdiction in criminal 
cases in which the punishment may 
exceed six months imprisonment or 
a fine of over five hundred dollars; 
or both; nor in civil actions in 
which title to real estate is sought 
or drawn in question; nor in actions 
on mortgages or contracts for the 
conveyance of real estate; nor in 
civil actions where the debt or sum 
claimed shall exceed one thousand 
dollars. 

Sec. 18. Justices of the peace 
shall be elected in and for such dis¬ 
tricts for such term and have and 
exercise such Jurisdiction as may be 
provided by law; but no Justice of 
the peace shall have Jurisdiction in 
any civil case where the amount In 
controversy shall exceed two hun¬ 
dred dollars; nor in a criminal case 
whore the punishment may SKoeed 





ARTICLE VI. 


PRESENT CONSTITUTION 
where the puaiishment may exceed 
three months imprisonment, or a 
fine of over one hundred dollars; 
nor in any matter wherein the title 
or boundaries of land may be in 
dispute. 

Sec. 19. All laws relating to 
courts shall be general, and of uni¬ 
form operation; and the organiza¬ 
tion, jurisdiction, poweis, proceed¬ 
ings, and practice of all courts of 
the same class or grad«, so far as 
regulated by law and the force and 
effect of the proceiedings, judgments 
and decrees of such courts, sever¬ 
ally, shall be imiform. 

Sec. 20. All officers provided for 
in this article shall hold their of¬ 
fices until their successors shall be 
qualified and they shall respective¬ 
ly reside in the district, county or 
precinct for which they shall be 
elected or appointed. The terms of 
office of all such officers, when not 
otherwise prescribed in this article, 
shall be two years. All officers, 
when not otherwise provided for in 
this article, shall perform such au- 
ties and receive such compensa¬ 
tion as may be prescribed by law. 

Sec. 21. In case the office of any 
judge of the supreme court, or of 
any district court, shall become 
vacant before the expiration of the 
regular term for which he was elec¬ 
ted, the vacancy shall be filled by 
appointment by the governor, un¬ 
til a successor shall be elected and 
qualified, and such a successor 
shall be elected for the unexpired 
term at the first general election 
that occurs more than thirty days 
after the vacancy shall have hap¬ 
pened. Vacancies in all other elec¬ 
tive offices provided for in this ar¬ 
ticle shall be filled by election, but 
when the unexpired term does not 
exceed one year the vacancy may 
be filled by appointment, in such a 
manner as the Legislature may 
provide. 

(NBW SECTION) 


PROPOSED AMENDMENT 
three months imprisonment, and a 
fine of over one hundred dollars or 
both; nor in any matter wherein 
the title or boundaries of land may 
be in dispute. 

Sec. 19. The organization, juris¬ 
diction, powers, proceedings, and 
practice of all courts of the same 
class or grade, so far as regulated 
by law and the force and effect of 
the proceedings, judgments and de¬ 
crees of such courts, severally, 
shall be uniform. 


Sec. 20. All officers provided for 
in this article shall hold their of¬ 
fices until their successors shall be 
qualified and they shall respective¬ 
ly reside in the district, county or 
precinct from which they shall be 
elected or appointed. All officers, 
when not otherwise provided for In 
this article, shall perform such du¬ 
ties and receive such compensation 
as may be prescribed by law. 


Sec. 21. In case the office of any 
judge of the supreme court or of 
any district court shall become va¬ 
cant before the expiration of the 
regular term for which he was elec¬ 
ted, the vacancy shall be filled by 
appointment by the Governor, for 
the unexpIred term, and until a suc¬ 
cessor shall be elected and quali¬ 
fied. 

Vacancies In all other elective 
offices shall be filled by election, 
but when the unexpired term does 
not exceed two years the vacancy 
may be filled by appointment in 
such manner as the Legislature 
may provide. 


Sec. 26. For the effectual admin¬ 
istration of justice and the prompt 
diopealtion of Judioial proceodliiga 




16 

ARTICLE VI. 


PRESENT CONSTITUTION PROPOSED AMENDMENT 

the supreme court may promulgate 
rules of practice and procedure for 
all courts, uniform as to each class 
of courts, and not In conflict with 
laws governing such matters. To 
the same end, the court may, and 
when requested by the Legislature 
by joint resolution, shall certify to 
the Legislature, its conclusions as 
to desirable amendments or 
changes in the general laws govern¬ 
ing such practice and proceedings. 

(NEW SECTION) See. 26. If the foregoing amend¬ 

ment shall be adopted by the elec¬ 
tors, all existing courts which are 
not In the foregoing amendment 
specifically enumerated and con¬ 
cerning which no other provision is 
herein made, shall continue in ex¬ 
istence and exercise their present 
jurisdiction, and the judges thereof 
shall receive their present com¬ 
pensation, until otherwise provided 
by law; and such judges or appoin¬ 
tees to fill vacancies shall hold 
their oftMces until their successors 
shall be elected and qualified. 


EXPLANATION 

Several changes and new provisions are proposed in the above sec¬ 
tions which experience has demonstrated to be desirable. As example 
by Section 8, the Supreme Court is required to prepare and recommend 
to the Legislature a budget of estimated expenses each biennium; by the 
provisions of Section 25, the Supreme Court may promulgate rules of 
practice and proceedure for all courts, not inconsistent with legislative 
acts, and also when requested by the Legislature, it shall cerLif> its 
conclusion as to desirable amendments or changes in the general laws 
governing practice and procedure in the various courts. 

(NEW SECTION) Submitted as No. 16 on the ballot. 

Sec. 2a. No legislative act shatl 
be held unconstitutional except by 
the concurrence of five judges.* 

EXPLANATION 

An act of the Legislature cannot be declared invalid by the Supreme 
Court unless five of the seven judges required to hear cases involving 
the constitutionality of a law, concur in a decision. A legislative act 
should stand as expressing the people's will unless it is clearly in viola¬ 
tion of some provision of the Constitution. 


Sec. 4. The Judges of the su¬ 
preme court shall be elected by the 
electors of the state at large; and 
their term of office except as here¬ 
inafter provided shall be six years. 
And said supreme court judfee 


Submitted as No. 17 on the ballot 
and includes amended Sections 4 
and 5 of Article VI. 

Sec. 4. The Chief Justice of the 
supreme court shall be elected by 
the electere of the etale at Urge. 





ARTICLE VI 


rjSaSBNT CONSTITUTION 

shall, during their term of office, 
reside at the place where the court 
is holden. 


Sec. 5. That at the general elec¬ 
tion to he held in the state of Ne¬ 
braska in theiyear 1916, and each 
six years thereafter, there shall be 
elected three (3) judges of the su¬ 
preme court, who shall hold their 
office for the period of six (6) 
years; that at the general election 
to be held in the state of Nebras¬ 
ka in the year 1918, and each six 
years thereafter there shall be 
elected three (3) judges of the su¬ 
preme court who shall hold their 
•office for the period of six years; 
and at the general election to be 
held in the state of Nebraska in the 
year 1920 and each six (6) years 
thereafter there shall be elected a 
-Chief Justice of the supreme cour t, 
who shall hold his office for the 
period of six (6) years. Provided, 
that the member of the supreme 
court whose term of office expires 
in January, 1914, shall be chief jus¬ 
tice of the supreme court during 
that time until the expiration of 
his term of office. 


PROPOSED AMENDMENT 

The judges of the supreme CQuri, 
other than the Chief Justice, shall 
be elected by the electors of the 
districts as herein provided. The 
term of office of Judges of the su¬ 
preme court shall be six years dur¬ 
ing which they shall reside at the 
place where the court is holden; 
but no Judge of the supreme court 
now in office or hereafter shall be 
deemed thereby to have lost his 
residence at the place from which 
he was elected. 

Se<^. 5. The Legislature shall di¬ 
vide the state along county lines 
into six compact districts, of ap¬ 
proximately equal population, which 
shall be numbered from one to six, 
consecutive numbers to be given 
adjacent districts. Such districts 
shall correspond, as nearly as may 
be practicable, in location and 
numbers with the present six Con¬ 
gressional Districts of the state. 
Such districts shall not be changed 
except upon the concurrence of 
two-thirds of the members of each 
house of the Legislature, nor shall 
any such change vacate the office 
of any Judge. Until such districts 
are established, the six Congres¬ 
sional Districts of the state a« now 
constituted and numbered shall be 
the supreme court Judicial districts. 

A chief Justice shall be elected in 
the year 1920 and each six years 
thereafter; In the year 1922, and 
each six years thereafter, there 
shall be elected by the electors of 
each of the three even numbered 
districts one Judge of the supreme 
court; and the Judges so elected 
shall be the successors of the 
Judges whose terms of office ex¬ 
pire In January, 1923; in the year 
1924, and each six years thereafter, 
there shall be elected by the elec¬ 
tors of each of the three odd num¬ 
bered districts one Judge of the su¬ 
preme court, and the Judges so 
elected shall be the successors of 
the Judges whose terms of office ex¬ 
pire in January, 1925. 


BXPl^ATIOJI 

TIm |i ty tkm •iMion of Uit gtAte U large} 



m 


but the other six judges ol the Court are elected, one from each of the 
six districts into which the state is divided, thus insuring members of the 
court from various sections of the state, and that the electorate will be 
better acquainted with the qualifications of the candidates for judges. 

ARTICLE VII 


PRESENT CONSTITUTION 

Section 1. Every male person of 
the age of twenty-one years or up¬ 
wards belonging to either of the 
following classes, who shall have 
resided in the state six months, 
and in the county, precinct, or 
ward for the term provided by 
law shall be an elector. 

First; Citizens of the United 
States. 

Second; Persons of foreign 
birth who shall become citizens of 
the United States by naturalization 
or otherwise conformably to the 
laws of the United States at least 
thirty days prior to an election. 


PROPOSED AMENDMENT 

Submitted as No. 18 on the ballot. 

Section 1. Every citizen of the 
United States, who has attained the 
age of twenty-one years, and hat re¬ 
sided wjthin the state for six months 
and within the county and voting 
precinct for the terms provided by 
law, shall be an elector. 


EXPLANATION 

Provides equal suffrage for women with men, and removes all dis¬ 
tinction on account of sex. 


Sec. 3. Every elector in the ac¬ 
tual military service of the United 
States or of this state, and not in 
the regular army, may exercise the 
right of suffrage at such place and 
under such regulations as may be 
provided by law. 


Submitted as No. 19 on the barllot. 

Sec. 3. Every elector in the mili¬ 
tary or naval service of the United 
States or of this state may exercise 
the right of suffrage at such place 
and under such regulations as may 
be provided by law. 


EXPLANATION 

The purpose of the amendment is to permit electors in the military 
or naval service of our country to exercise the right of suffrage, whether 
in the regular army or elsewhere, under reasonable regulations. 


ARTICLE VIII. 


Sec. 7. Provision shall be made 
by general law for an equitable 
distribution of the income of the 
fund set apart for the support of 
the common schools, among the 
several school districts of the 
state and no appropriation shall 
be made from said fund to any 
district for the year in which 
school is not maintained at least 
three months. 


Submitted as No. 20 on the ballot. 

Sec. 7. Provision shall be made 
by general law for equitable dis¬ 
tribution of the income of the fund 
set apart for the support of the 
common schools among the several 
school districts of the slate and no 
appropriation shall be made from 
said fund to any district for the 
year in which school is not main¬ 
tained for the minimum term re¬ 
quired by law. 


EXPLANATION 

The purpose is to permit the Legislature to determine the length of 
the term of school required to secure a share of said funds. 


ARTICLE Vfll. 


PRESENT CONSTITUTION 

Sec. 8. University, agricultural 
college, common school or other 
lands which are now held or 
may hereafter he acquired hy the 
state for educational purposes, 
shall not be sold for less than 
seven dollars per acre, nor less 
than the appraised value. 


PROPOSED AMENDMENT 
Submitted as No. 21 on the ballot. 
Sec. 8. No lands now owned or 
hereafter acquired by the state for 
educational purposes shall be sold 
except at public auction under such 
conditions as the Legislature shall 
provide. 


EXPLANATION 

The purpose of this amendment is that in case the state, through 
legislative enactment, adopts the policy of selling any school lands, the 
permanent school fund will be given the benefit of the increased price to 
be secured from a public auction. 


Sec. 10. The general government 
of the University of Nebraska shall, 
under direction of the Legislature, 
be vested in a board of six regents 
to be styled the Board of Regents 
of the University of Nebraska, who 
shall be elected by the electors of 
the state at large, and their term 
of office, except those chosen at the 
first election as hereinafter pro¬ 
vided, shall be six years. Their du¬ 
ties and powers shall be prescribed 
by law; and they shall receive no 
compensation, but may be reim¬ 
bursed their actual expenses in¬ 
curred in the discharge of their 
duties. 


Submitted as No. 22 on the ballot. 

Sec. 10. The general government 
of the University of Nebraska shall, 
under the direction of the Legisla¬ 
ture, be vested in a board of six re¬ 
gents to be styled The Board of Re¬ 
gents of the University of Nebras¬ 
ka, who shall be elected from and 
by districts as herein provided. 
Their term of office shall be for six 
years each. Their duties and pow¬ 
ers shall be prescribed by law; and 
they shall receive no compensation, 
but may b© reimbursed their actual 
expenses incurred in the discharge 
of their duties. 

The Legislature shall divide the 
state, along county lines, into six 
compact regent districts of approxi¬ 
mately equal population, which 
shall be numbered from one to six, 
consecutive numbers to be given ad¬ 
jacent distrio-ts. Such districts 
shall correspond, as nearly as may 
be practicable, In location and num¬ 
bers with the present six Congres¬ 
sional Districts of the State. Such 
districts shall not be changed ex¬ 
cept upon the concurrence of two- 
thirds of the members of each house 
of the Legislature, nor shall any 
such change vacate the office of any 
regent. Until such districts are es¬ 
tablished, the six Congressional Dis¬ 
tricts of the state as now consti¬ 
tuted and numbered shall be the 
districts provided for by this sec¬ 
tion. 

Provided, that the regents elected 
before the adoption of this Consti¬ 
tution shall serve out their respec¬ 
tive terms and that the successors 
of those whose terms expire in Jan- 


ARTICLE Vin. 


PRESENT CONSTITUTION PROPOSED AMENDMENT 

uary, 1923, shall be elected from 
districts numbered three and four 
respectively at the general election 
to be held in 1922; of those v/hose 
terms expire in 1925, from districts 
numbered one and two at the gen¬ 
eral election to be held ' In 1924; 
and of those whose terms expire in 
1927, from districts numbei^d five 
and six, at the general election to 
be held in 1926. 


EXPLANATION 


The purpose is to secure for the 
est and representation. 

Sec. 11. No sectarian instruction 
shall be allowed in any school or in¬ 
stitution supported in whole or in 
part by the public funds set apart 
for educational purposes; nor shall 
the state accept any grant, convey¬ 
ance, or bequest of money, lands or 
other property to be used for sec¬ 
tarian purposes. 


University a more state-wide inter- 


Submitted as No. 23 on the ballot. 

Sec. 11. No sectarian instruction 
shall be allowed in any school or 
institution supported in whole or in 
part by the public funds set apart 
for educational purposes, nor shall 
the state accept any grant, con¬ 
veyance, or bequest of money, lands 
or other property to be used for sec¬ 
tarian purposes. Neither the state 
Legislature nor any county, city 
or other public corporation, shall 
ever make any appropriation from 
any public fund, or grant any pub¬ 
lic land in aid of any sectarian or 
denominational school or college, 
or any educational institution which 
is not exclusively owned and con¬ 
trolled by the state or a governmen- 
tal subdivision thereof. No relig¬ 
ious test or qualification shall be re¬ 
quired of teacher or student, for ad¬ 
mission to or continuance in any 
public school or educational insti¬ 
tution supported in whole or in part 
by public taxation. 


EXPLANATION 

The puiTOse of the amendment is to make more cfertain the intent 
of the old section. 


Sec. 12. The Legislature may 
provide by law for the establish¬ 
ment of a school or schools for the 
safe keeping, education, employ¬ 
ment and reformation of all chil¬ 
dren under the age of sixteen years, 
who for want of proper parental 
care, or other cause, are growing 
up in mendicancy or crime. 


Submitted as No. 24 on the ballot. 

Sec. 12. The Legislature may 
provide by law for the establish¬ 
ment of a school or schools for the 
safe keeping^ ec-lucation, employ¬ 
ment and reformation of all chil¬ 
dren under the age of eighteen 
years, who, for want of proper pa¬ 
rental care, or other cause, are 
growing up in mendicancy or crime. 






EXPLANATION 


The purpose of the amendment is to permit courts to send untortu* 
nate and incorrigible children under eighteen years of age to such schools 
instead of sending them to the penitentiary after they are sixteen and 
before they are eighteen years of age. 


PRESENT CONSTITUTION PKOI’OSED AMENDMENT 

(NEW SECTION) Submitted as No. 25 on the ballot 

Sec. 13. The general government 
of the state normal schooia, as now 
existing, and such other normal 
schools as n\ay be established by 
law, shall be vested, under the di¬ 
rection of the Legislature, in a 
board of seven members to be 
styled Board of Education of State 
Normal Schools, six of whom shall 
be appointed by the Governor, with 
the advi.ce and consent of the sen¬ 
ate, two each for a term of two, 
four, and six years, and two each bi¬ 
ennium thereafter for a term of six 
years, and the State Superintend¬ 
ent of Public instruction shall be a 
member ex-officio. The duties and 
powers of said board shall be pre¬ 
scribed by law, and the members 
thereof shall receive no compensa¬ 
tion for the performance of their 
duties, but may be reimbursed their 
actual expenses incurred therein. 


. EXPLANATION 

The purpose of the amendment is to recognize the State Normal 
Schools in the Constitution along with the University and common schools 
as co-ordinate branches of public education. 

ARTICLE IX. 


Section 1. The Legislature shall 
provide such revenue as may be 
needful, by levying a tax by valua¬ 
tion, so that every person and cor¬ 
poration shall pay a tax in propor¬ 
tion to the value of his, her or its 
property and franchise, the value 
to be ascertained in such manner as 
the Legislature shall direct, and it 
shall have power to tax peddlers, 
auctioneers, brokers, hawkers, com¬ 
mission merchants, showmen, jug¬ 
glers, inn-keepers, liquor-dealers, 
toll-bridges, ferries, insurance, tele¬ 
graph and express interests or busi¬ 
ness, venders of patents, in such 
manner as it shall direct by gen¬ 
eral law, uniform as to the class 
upon which it operates. 


Submitted as No. 26 on the ballot. 

Section 1. The necessary reve¬ 
nue of the state and its governmen¬ 
tal subdivisions shall be raised by 
taxation in such manner as the Leg¬ 
islature may direct; but taxes shall 
be levied by valuation uniformly 
and proportionately upon all tangi¬ 
ble property and franchises, and 
taxes uniform as to class may be 
levied by valuation upon ail other 
property. Taxes, other than prop¬ 
erty taxes, may be authorized by 
law. Existing revenue laws shall 
continue in effect until changed by 
the Legislature. 


ft 


EXPLANATION 

The purpose of the amendment is to enable the Legislature to make 
ample provision for reaching a large amount of property that now es¬ 
capes taxation and provide for raising revenue by other methods in ad¬ 
dition to property taxes, thereby more equitably distributing the bur¬ 
dens of taxation. 


ARTICLE IX. 


PROPOSED AMENDMENT 

Submitted as No. 27 on the ballot. 
Sec. 2. The property of the state 
and its governmental subdivisions 
shall be exempt from taxation. The 
Legislature by general law may ex¬ 
empt property owned by and used 
exclusively for agricultural and hor¬ 
ticultural societies, and property 
owned and used exclusively for edu¬ 
cational, religious, charitable or 
cemetery purposes, when such 
property is not owned or used for 
financial gain or profit to either the 
owner or user. Household goods of 
the value of two hundred ($200.00) 
to each family shall be exempt from 
taxation. The Legislature by gen¬ 
eral law may provide that the In¬ 
creased value of land by reason of 
shade and ornamental treea planted 
along the highway shall not be 
taken into account in the assess¬ 
ment of such land. No property 
shall be exempt from taxation ex¬ 
cept as provided in this section. 

EXPLANATION 

The purpose of the amended clause is to limit the property that may 
be exempted from taxation to such property as is owned and used ex¬ 
clusively by agricultural and horticultural societies, and property owned 
and used exclusively for educational, religious, charitable or cemetery 
purposes, when such property is not owned or used for financial gain or 
profit by the owner or user. The amendment also exempts from taxa¬ 
tion household goods of the value of $200 to each family, and authorizes 
the Legislature to provide that the increased value of land by reason of 
shade and ornamental trees planted along the highway shall not be taken 
into account in assessments of such land, and eliminates the clause pro¬ 
viding that the increased value of land by reason of live fences, fruit and 
forest trees grown and cultivated thereon shall not be taken into ac¬ 
count in the assessment thereof. 

Sec. 5. County authorities shall 
never assess taxes the aggregate 
of which shall exceed one and a 
half- dollars per one hundred dol¬ 
lars valuation, except for the pay¬ 
ment of indebtedness existing at 
the adoption of this Constitution, 
unless authorized by a vote of the 
people of the county. 


Submitted as No. 28 on the bailot. 

Sec. 5. County authorities shall 
never assess taxes the aggregate of 
which shall exceed fifty cents per 
one hundred dollars actual valua¬ 
tion as determined by the assess¬ 
ment rolls, except for the payment 
of indebtedness existing at the 
adoption hereof, unlens authorized 
by a vote of the people ef the 
county. 


PRESENT CONSTITUTION 
Sec. 2. The property of the state, 
counties, and municipal corpora¬ 
tions, both real and personal shall 
be exempt from taxation, and such 
other property as may be used ex¬ 
clusively for agricultural and horti¬ 
cultural societies, for school, relig¬ 
ious, cemetery, and charitable pur¬ 
poses, may be exempted from taxa¬ 
tion, but such exemptions shall be 
only by general law. In the assess¬ 
ment of real estate incumbered by 
public easnment, any depreciation 
occasioned by such assessment may 
be deducted in the valuation of such 
property. The Legislature may pro¬ 
vide that the increased value of 
lands, by reason of live fences, fruit 
and forest trees grown and culti¬ 
vated thereon, shall not be taken 
into account in the assessment 
thereof. 




■XFI^JlKATIOK 


Th« interpretation of the present section of the Constitution Is in- 
Tolred in a suit in the Supreme Court. If the court holds that the pres¬ 
ent section refers to the actual valuation then the limitation would per¬ 
mit excessive taxes. If the court holds that the present section refers 
to the assessed valuation then the limitation will not permit sufficient 
revenues in all cases. The purpose of this amendment is to render the 
law certain and to fix a fair limitation on counties. 

ARTICLE X. 


PRESENT CONSTITUTION 
Sec. 2. No county shall be di¬ 
vided, or have any part stricken 
therefrom, without first submitting 
the question to a vote of the people 
of the county, nor unless a major¬ 
ity of all the legal voters of the 
county voting on the question shall 
vote for the same. 


PROPOSED AMENDMENT 

Submitted as No. 29 on the ballot 
and includes amended Sections 2 
and 3. 

Sec. 2. No county shall be di¬ 
vided nor any part of the territory 
of any county be stricken there¬ 
from, nor shall any county or part 
of the territory of any county be 
added to an adjoining county with¬ 
out submitting the question to the 
qualified electors of each county af¬ 
fected thereby, nor unless ap¬ 
proved by a majority of the quali¬ 
fied electors of each county voting 
thereon; provided, that when coun¬ 
ty boundaries divide sections, or 
overlap, or fail to meet, or are In 
doubt, the Legislature may by law 
provide for their adjustment, but 
in all cases the new boundary shall 
follow the nearest section line or 
the thread of the main channel of 
a boundary stream. 

Sec. 3. When a county shall 
be added to another, all prior in¬ 
debtedness of each county shall re¬ 
main a charge on the taxable prop¬ 
erty within the territory of each 
county as it existed prior to consoli¬ 
dation. When any part of a county 
is stricken off and attached to an¬ 
other county, the part stricken off 
shall be holden for its proportion 
of all then existing liabilities of 
the county from which it la taken, 
but shall not be holden for any then 
existing liabilities of the county to 
which it is attached. 


EXPLANATION 

It provides that county boundaries shall be changed only by majority 
rote of the electors of all counties affected, except that the Legislature 
may adjust county boundaries when the boimdary divides sections, or 
orerlaps or fails to meet, or Is in doubt, and in all such cases the new 
bouAdary shall follow the nearest section line or the thread of the mate 
siiaEiel of the boundary stream. It also prorldee for adjoetmeat of 
edsttec eounty MObtedaees at the time of sueb chaxife in boundaries. 


ARTICLE XI. 


PRESENT CONSTITUTION 
Section 1. Every railroad coi- 
poration organized or doing busi¬ 
ness in this state, under the laws 
or authority thereof, or of any 
other state, or of the United States, 
shall have and maintain a public 
office or place in this state for the 
transaction of its business, where 
transfers of stocks shall be made, 
and in which shall be kept, for 
public inspection, books in which 
shall be recorded the amount of 
capital stock subscribed, and by 
whom, the names of the owner* of 
the stock, and the amount owned 
by them respectively, the''^1ftniount 
of stock paid in and by whom, the 
transfers of said stocks, the amount 
of its assets and liabilities, and the 
names and places of residence of 
its officers. The directors of every 
i-ailroad corporation or other par¬ 
ties having control of its road, shall 
annually make a report, under 
oath, to the auditor of public ac¬ 
counts, or some officer to be desig¬ 
nated by law, of the amount re¬ 
ceived from passengers and freight, 
and such other matters relating to 
railroads as may be prescribed by 
law. And the Legislature shall 
pass laws enforcing by suitable 
penalties the provisions of this sec¬ 
tion. 


PROPOSED AMENDMENT 
Submitted as No. 30 on the ballot. 
Section 1. Every public utility 
corporation or common carrier or¬ 
ganized or doing business in this 
state shall report, under oath, to 
the Railway Commission, when re¬ 
quired by law or the order of oatd 
Commission. The reports to made 
shall include such matter as may 
be required by law or the order of 
said Commission. 


EXPLANATION 

Requires all public service corporations to furnish such informatlea 
as the Railway Commission or the Legislature may require. 

The present section applies only to railroads and provides the spe¬ 
cific information they shall give the public. 

The purpose is to facilitate regulation. 


Sec. 3. No railroad corporation, 
or telegraph company, shall con¬ 
solidate its stock, property, fran¬ 
chises, or earnings in whole or in 
part, with any other railroad cor¬ 
poration or telegraph company 
owning a parallel or competing 
line; and in no case shall any con¬ 
solidation take place except upon 
public notice of at least sixty days, 
to all stockholders, in such manner 
as may be provided by law. 


Submitted as No. 31 on the ballot. 

Sec. 3. No public utility corpor¬ 
ation or common carrier shall con¬ 
solidate its stock, property, fran¬ 
chise, or earnings in whole or In 
part with any other public utility, 
corporation or common carrier own¬ 
ing a parallel or competing proper¬ 
ty without permission of the Rail¬ 
way Commission; and in no case 
shall any consolidation take piace 
except upon pubiic notice of at 
least sixty days to all stock hold¬ 
ers, in such manner as may be pro¬ 
vided by law. The Legislature may 
by law require aii pubiio utfiitlee 




u 

ARTICLE XI. 


t»llt:SENT CONSTITUTION PROPOSED A»IENDMENT 

and common carriers to exchange 
business through physical connec¬ 
tion, joint use, connected service, 
or otherwise. 


EXPLANATION 


Amended Section 3, permits consolidation of all public service cor¬ 
porations when authorized by the Railway Commission and further pro¬ 
vides that the Legislature may require all public service corporations to 
exchange business. 

The present Section 3 forbids th'e ^i solidation of Railroads and 
Telegraph companies only. 


Sec. 5. No railroad corporation 
shall issue any stock or bonds, ex¬ 
cept for money, labor or property 
actually received and applied to the 
purposes for which such corpora¬ 
tion was created; and all stock, 
dividends, and other fictitious in¬ 
crease of the capital stock or in¬ 
debtedness of any such corpora¬ 
tion shall be void. The capital 
stock of railroad corporations shall 
not be increased for any purpose, 
except after public notice for sixty 
days, in such manner as may be 
provided by law. 


t q bm>’ it1;ed as No. 32 on the ballot. 

The capital stock of pub- 
corporations or common 
l^^s'.^all not be increased for 
except after public no- 
|f«^ sixtyidays, and in such man- 
neV*t h$; may be provided by law. 
Nof^^^idend shall be declared or 
dlstrt|?ift’bidi ,t^,xcept out of net earn¬ 
ings ^fte'r/ paying all operating ex* 
pensels inciu^i'^S a depreciation re¬ 
serve siiffioiOnt to keep the invest¬ 
ment intaclj'.i 

' •' I, 


EXPLANATION 


Provides the manner in which public utility corporations or common 
carriers may increase their capital stock and declare dividends. 

The present section applies to Railroads only. 

The amended section applies to all public utility corporations or 
common carriers. 


ARTICLE XIa 

(NEW SECTION) Submitted as No. 33 on the ballot. 

Sec. 5. The charter of any city 
having a population of more than 
one hundred thousand inhabitants 
may be adopted as the home rule 
charter of such city by a majority 
vote of the qualified electors of such 
city voting upon the question, and 
when so adopted may thereafter be 
changed or amended as provided in 
Section 4 of this article, subject to 
the Constitution and laws of the 
state. 

EXPLANATION 

The proposal is applicable only to cities of over 100,000 inhabitants 
and merely permits suoh cities to obtain a home rule charter in a sim¬ 
plified manner. 


u 


ARTICLE Xlb 


PRESENT CONSTITUTION 
Section 1. No corporation shall 
be created by special law, nor its 
charter extended, changed, or 
amended, except those for chari¬ 
table, educational, penal, or refor¬ 
matory purposes, which are to be 
and remain under the patronage 
and control of the state, but the 
Legislature shall proride by gen¬ 
eral laws for the organization of all 
corporations hereafter to be created. 
All general laws passed pursuant 
to this section may be altered from 
time to time, or repealed. 


PROPOSED AMENDMENT 

Submitted as No. 34 on the ballet 
and includes amended Sections 1, 
5 and 6. 

Section 1. The Legislature shall 
provide by general law for the or¬ 
ganization, regulation, supervision 
and general control of all corpora¬ 
tions, and for the organization, su¬ 
pervision and general control of 
mutual and co-operative companies 
and associations, and by such legis¬ 
lation shall insure the mutuality 
and co-operative features and func¬ 
tions thereof. Foreign corporations 
transacting or seeking to transact 
business in this state shall be sub¬ 
ject, under general law^ to regula¬ 
tion, supervision and general con¬ 
trol, and shall not be given greater 
rights or privileges than are given 
domestic corporations of a similar 
character. No corporations shall 
be created by special law, nor their 
charters be extended, changed or 
amended, except those corporations 
organized for charitable, education¬ 
al, penal or reformatory purposes, 
which are to be and remain under 
the patronage and control of the 
state. All general laws passed pur¬ 
suant to this section may be al¬ 
tered from time to time, or re¬ 
pealed. 


EXPLANATION 

The purpose of this amendment is to give to the Legislature addi¬ 
tional power in respect to the organization, regulation, supervision and 
general control of all corporations and mutual and co-operative com¬ 
panies and associations, and is intended to define the character of legis¬ 
lation designed to i©strict, regulate and control all corporations. 


Sec. 5. The Legislature shall 
provide by law that in all elections 
for directors or managers of incor- 
porated companies, every stocK 
holder shall have the right to vote 
in person or proxy, for the number 
of shares of stock owned by him, 
for as many persons as there are 
directors or managers to be elect¬ 
ed, or to cumulate said shares and 
give one candidate as many votes 
as the number of directors multi¬ 
plied by the number of his shares 
of stock, shall equal, or to distri¬ 
bute them upon the same principle 
among as many candidates as he 
shall think fit, and such directors 


Sec. 5. The Legislature shall 
provide by law that in all elections 
for directors or managers of incor¬ 
porated companies every stock 
holder shall have the right to vote 
in person or proxy for the number 
of shares owned by him, for at 
many persons as there are direc¬ 
tors or managers to be elected or 
to cumulate said shares and give 
one candidate as many votes as the 
number of directors multiplied by 
the number of his shares shall 
equal, or to distribute them upon 
the same principle among as many 
candidates as he shall think fit, and 
such directors or managers shali 



H 


ARTICLE Xlb 

PRESENT CONSTITUTION PROPOSED AMENDMENT 

or managers shall not be elected in not be elected in any other manner; 
any other manner. except that any mutual or co-opera¬ 

tive company or association may, in 
its articles of incorporation, limit 
the number of shares of stock any 
stock holder may own, the transfer 
of said stock, and the right of each 
stock holder or member to one vote 
only In the meetings of such com¬ 
pany or association. 


EXPLANATION 

Gives mutual and co-operative companies and associations the right 
to limit the number of shares of stock a member may own and the 
transfer of stock and also to limit the voting power of members to one 
vote to each member. The purpose being to permit the members of such 
companies and associations to retain their mutual and co-operative 


features. 

Sec. 6. All existing charters or 
grants of special or exclusive privi¬ 
leges, under which organization 
shall not have taken place, or which 
shall not be in operation within six¬ 
ty days from the time this Consti¬ 
tution takes effect, shall thereafter 
have no validity or effect whatever. 


Sec. 6. No corporation shall be 
permitted to issue stock or bonds 
except for an equivalent In money 
paid or labor done, or property ac¬ 
tually received and applied to the 
purpose for which such corporation 
was created, and neither labor nor 
property shall be received in pay¬ 
ment of stock or bonds at a greater 
value than the actual value at the 
time said labor was done or prop¬ 
erty delivered, and ail fictitious In- 
crease of stock or indebtedness 
shall be void; all stock shall have 
a face par value; and all stock in 
the same corporation shall be of 
equal par value. 


EXPLANATION 

Provides for restrictions on the issue and sale of corporate stock and 
prohibits fictitious issues and is designed to prevent reckless speculation, 
monopoly and discrimination in the organization and conduct of cor¬ 
porations. 


ARTICLE XIV 

(NEW SECTION) Submitted as No. 35 on the ballot 

and Includes new Sections 4, 5 
and 6. 

Sec. 4. The necessity of water 
for domestic use and for irrigation 
purposes in the state of Nebraska 
is hereby declared to be a natural 
want. 

(NEW SECTION) Sec. 5. The use of the water of 

every natural stream within the 
state of Nebraska la hereby dedf- 


ARTICLE XIV 

PRESENT CONSTITUTION PROPOSED AJVIBNDMENT 

cated to the people of the state for 
beneficial purposes, subject to the 
provisions of the following section. 

(NEW SECTI(3N) Sec. 6. The right to divert un- 

appropriated waters of every natu¬ 
ral stream for beneficial use shall 
never be denied except when such 
denial is demanded by the public 
interest. Priority of appropriation 
shall give the better right as be¬ 
tween those using the water for the 
same purpose, but when the waters 
of any natural stream are not suf¬ 
ficient for the use of all those desir¬ 
ing to use the same, those using the 
water for domestic purposes shall 
have preference over those claim¬ 
ing It for any other purpose, and 
those using the water for agricul¬ 
tural purposes shall have the pref¬ 
erence over those using the same 
for manufacturing purposes. Pro¬ 
vided, no inferior right to the use 
of the waters of this state shall be 
acquired by a superior right with¬ 
out Just compensation therefor to 
the Inferior user. 

EXPLANATION 

The purpose of these new provisions in the Constitution is to define 
the use of water and place the same under constitutional protection, to 
which, owing to its importance in the development of the agricultural 
interests of the state, it is entitled. 

(NEW SECTION) Submitted as No. 36 on the ballot 

Sec. 7. The us© of the waters of 
the state for power purposes shall 
be deemed a public use and .shall 
never be alienated, but may be 
leased or otherwise developed as by 
law prescribed. 

EXPLANATION 

The best engineers believe it possible to develop 600,000 H. P. in 
this state through the us© of the waters in our streams. To conserve this 
for the use of the people is the object of this provision. 

(NEW SECTION) Submitted as No. 37 on the ballot. 

Sec. 8. Laws may be enacted 
regulating the hours and conditions 
of employment of women and chil¬ 
dren, and securing to such em¬ 
ployees a proper minimum wage. 

EXPLANATION 

Provides thf t laws may be enacted regulating hours and conditions 
of employment of women and children and securing to such employees a 
minimum wage. 





ARTICLE XIV 


PKE8ENT CONSTITUTION PROPOSED AMENDMENT 

(NEW SECTION) Submitted as No. 38 on the ballot. 

Sec. 9. Laws may be enacted 
providing for the investigation, 
submission and determination of 
controversies between employers 
and employees in any business or 
vocation affected with a public In¬ 
terest and for the prevention of un¬ 
fair business practices and uncon¬ 
scionable gains in any business or 
vocation affecting the public wel¬ 
fare. An industrial Commission 
may be created for the purpose of 
administering such laws, and ap¬ 
peals shall lie to the Supreme Court 
from the final orders and judg¬ 
ments of such commission. 

EXPLANATION 

The purpose of this provision is to enable the Legislature to provide 
for full and fair investigation of the facts and publicity of tlie findings of 
such commission, in all cases of difference between employer and em¬ 
ployee and provides for adjustment of all such differences in all the vo¬ 
cations and businesses to which the provisions of said amendment shall 
apply. Strikes and lock-outs may be avoided thereby and save to em¬ 
ployers, employees and the public enormous expense, inconvenience and 
suffering occasioned by such troubles. 

Its purpose also is to reach the profiteer and imfair business prac¬ 
tices and protect the public against rapacious greed. 


ARTICLE XV 


Section 1. Either branch of the 
Legislature may propose amend¬ 
ments to this Constitution, and if 
the same be agreed to by three- 
fifths of the members elected to 
each house, such proposed amend¬ 
ments shall be entered on the jour¬ 
nals, with the yeas and nays, and 
published once each week in at 
least one newspaper in each county, 
where a newspaper is published, 
lor three months immediately pre¬ 
ceding the next election of sena¬ 
tors and representatives, at which 
election the same shall be submit¬ 
ted to the electors for approval or 
1 ejection, and if a majority of the 
electors voting at such election, 
adopt such amendments the same 
shall become a part of this Consti¬ 
tution. When more than on® 
amendment is submitted at the 
same election they snail be so sub¬ 
mitted as to enable the electors to 
vote on each amendment sepa¬ 
rately. 


Submitted as No. 39 on the ballot. 

Section 1. Either branch of the 
Legislature may propose amend¬ 
ments to this Constitution, and if 
the same be agreed to by three- 
fifths of the members elected to 
each house, such proposed amend¬ 
ments shall be entered on the jour¬ 
nals, with the yeas and nays, and 
published once each week for four 
weeks, in at least one newspaper 
ir each county, where a newspaper 
is published, immediately preceding 
the next election of meihbers of the 
Legislature. At such election said 
amendments shall be submitted to 
the electors for approval or rejec¬ 
tion upon a ballot separate from 
that upon which the names of can¬ 
didates appear. If a majority of the 
electors voting on any such amend¬ 
ment adopt the same, It shall be¬ 
come a part of this Constitution, 
provided the votes cast in favor of 
such amendment shall not be less 
than thIrty.fiv^ per cent of the toUl 


Article xv 


^RiCSteS^t CONSTITUTION PROUOSfiO AMteJjDMtJNT 

votes cast at such election. When 
two or more amendments are sub¬ 
mitted at the same election they 
shall be so submitted as to enable 
the electors to vote on each amend¬ 
ment separately. 

EXPLANATION 

The purpose of this amendment is to reduce the term of publication 
of proposed amendments from three months to four weeks, to require 
only a majority of the electors voting upon the proposition, providing 
such majority is thirty-five per cent of the total vote cast. Such pro¬ 
posed amendments must be printed upon a ballot separate from that upon 
which the names of candidates appear. By this simplified procedure, 
the adoption of necessary future amendments may be readily secured 
without the necessity of a Constitutional Convention. 

(NEW SECTION) Submitted as No. 40 on the ballot. 

Sec. 3. Until otherwise provided 
by law the following salaries snail 
be paid: 

Chief Justice, Judges of the Su¬ 
preme Court and Governor, each 
$7,500 per annum; Judges of the 
District Court, Secretary of State, 
Auditor of Public Accounts, Com¬ 
missioner of Public Lands and 
Buildings, Treasurer, Attorney Gen¬ 
eral, Superintendent of Public In¬ 
struction and members of the State 
Railway Commission, each $5,0C0 
per annum. The Lieutenant Gover¬ 
nor shall receive twice the compen¬ 
sation of a State Senator. 

EXPLANATION 

Provides for preserving all rights under the existing Constitution 
and also provides that the salaries of the Governor, Chief Justice and 
Associate Justices of the Supreme Court shall be $7,500 each per an¬ 
num, and the salaries of the Judges of the District Court and other state 
officers shall be $5,000 each per annum, until otherwise provided by law. 

ARTICLE XV 

(NEW SECTION) Submitted as No. 41 on the ballot 

and includes new Sections 1 and 2. 

Section 1. The several amend¬ 
ments passed and submitted by this 
Convention when adopted at the 
election shall take effect on the 
first day of January, 1921, except 
as otherwise specifically provided 
l y schedule attached to any of said 
amendments. Provided that the 
proposed amendment Number IS, 
relative to equal suffrage shall take 
effect, if adopted, immediately upon 


ARTICLE XV 


PRESENT CONSTITUTl*ON PROPOSED AMENDMENT 

proclamation by the Governor. All 
laws then in force, not inconsistent 
with the Constitution as amended 
by such proposals as may be adopt¬ 
ee as such election, shall continue 
in force until amended cr repealed. 
If any of the amendments passed 
and submitted by this Convention 
and adopted by the electors be In¬ 
consistent with any provisions of 
the present Constitution, such 
amendments shall be held to pre¬ 
vail. . 

SeO. 2. That Sections 1, 2, 3, 4, 
5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 17, 18, 
19, 21, 22, 23, 24 and 27 of Article 
XVI be repealed and eliminated 
therefrom. 

EXPLANATION 

The obsolete matter in the old schedule is eliminated and there is 
substituted therefor new sections 1 and 2; which provide for a con¬ 
tinuing schedule. 


I 

SAMPLE BALLOT 

Special Election, September 21, 1920. 

Proposed A:mendments to the Constitution 

To vote FOR any amendment place a cross in the blank space to the left 
of the word ‘A"ES^’ opposite the title to such amendment. 


To vote AGAINST any amendment place a cross in the blank space to 
the left of the word opposite the title to such amendment. 


Alake X 
in this 
Column 


Article L 


YES 

No. 1. 

To amend Section G, Article I.—Authorizes five-sixths 
jury verdict in civil cases. 


NO 


YES 

No. 2 

To amend Section 2o, Article L—Permits regulation 
by law of property rights of aliens. 


NO 


YES 

No. 3. • 

To add Section 27 to Article I.—Declares English lan¬ 
guage official language of the state and requires com¬ 
mon school branches taught therein. 


NO 

Article III. 


YES 

No. 4. 

To amend Sections la, lb, Ic and Id, Article III.— 
Initiative and Referendum. Reduces percentages in 
number of signatures required. 


NO 


I 























Make X 
in this 
Column 


No. 5. 

To amend Section 2, Article HI.—Leguiative appor¬ 
tionment. Requires that counties entitled to two or 
more representatives or senators shall be divided into 
districts, each district to elect its own meiiiher, and 
omits state census. 


YES 


NO 


YES 

No. G. 

To amend Section 3, Article HI.—Permits increase ol 
state senators not to exceed 50. 


NO 


YES 

No. 7. 

To amend Section 4, Article III.—4 jxes compensation 
of members of the legislature. 

— 

NO 

YES 

No. 8. 

To amend Sections 10 and 11, Article III.—Relates to 
legislative procedure. 


NO 


YES 

No. 9. 

To amend Section 13, Article III.—Prohibits appoint¬ 
ment of members of legislature to state offices. 

0 

NO 


YES 

No. 16. 

To amend Section 16, Article III.—Prohibits raising 
salaries during term of office. 


NO 






















Afjtkw X 
in this 
Column 


No. 11. 

To amend Section 17, Article III.—Resej'ves mineral 
rights in state lands. 


YES 


NO 

Article IV. 


YES 

No. 12. 

To amend Article IV.—r]liminntes obsolete legLs'alive 
apportionment. 


NO 

Article V. 


YES 

No. 13. 

To amend Sections 1, 2, (>, 7, 13, 11), 21 and 2(), Article 
V.—Continues present state offices; provides an 
executive budget and a Hoard of Pardons. 


NO 

‘ 

YES 

No. 14. 

To add Section 27 to Article V.—Creates the odice of 
Tax Commissioner and provides a Hoaid of Equali¬ 
zation. 


NO 


Article YI. 


YES 

No. lo. 

To amend Sections 1, 2, O, 7, 8, 10, 11, 12, 13, 14, 15, IG, 
IS, 10, 20 and 21, Article VI, and to add Sections 25 
and 26 thereto.—Amendments relating to organiza¬ 
tion, jurkdiction and procedure of the courts, and 
the election of judges. 


N(^ 









































^laJve X 
in this 
t/oluinu 


No. 10. 

To add Section 2a to Article VI, following Section 2.— 
Requires concurrence of five Judges of the Supreme 
Court to declare laws unconstitutional. 


YES 


NO 


YES 

No. 17. 

To amend Sections 4 and 5, Article VI.—Provides for 
election af Judges of the Supreme Court by districts. 


NO 

Article VII. 


YES 

No. 18. 

To amend Section 1, Article VII.—Provides for equal 
suffrage. 


NO 


YES 

No. 19. 

To amend Section 3, Article VII.—Provides for soldier 
voting. 


NO 

Article VIII. 


YES 

No. 20. 

To amend Section 7, Article VIII.—Provides for dis¬ 
tribution of temporary school fund. 


NO 


YES 

. 

No. 21. 

To amend Section 8, Article VIII.—Prohibits the sale 
of school lands except at public auction. 


NO 





































Make X 
in tliiH 
Column 


No. 22. 

To amend Section 10, Article VIII.—Provides for elec¬ 
tion of University Regents by districts 


YES 


NO 


YES 

No. 23. 

To amend Section 11, Article VIII. — Prohibits state 
aid to sectarian institutions. 


NO 


YES 

No. 24. 

To amend Section 12, Article VIII. — Raises age for re¬ 
form schools from 16 to 18. 


NO 


YES 

No. 25. 

To add Section 13 to Article VIII.—Provides Board of 
Education for Normal Schools. 


NO 

Article IX. 


YES 

No. 26. 

To amend Section 1, Article IX.—Provides uniform 
and proportional taxes on tangible property and 
franchises; permits classification of other property 
and permits taxes other than property raxes. 


NO 


YES 

No. 27. 

To amend Section 2, Article IX. — Tax eAeinptions, in¬ 
cluding |200 of household goods to each family. 


NO 


























Make X 
iu this 
Column 


No. 28. 

To amend Section 5, Article IX.—Eiaccs county tax 
limit at 50 cents on one hundred dollars actual 
valuation. 


YES 


NO 

Article X. 


YES 

No. 29. 

To amend Sections 2 and 3, Article X.—Kelates to 
changes of county boundaries. 


NO 

Article XI. 


YES 

No. 30. 

To amend Section 1, Article XI.—Re(|uires pubMc 
utility corporations to report to Railway Commis¬ 
sion. 


NO 


YES 

No. 31. 

To amend Seetion 3, Article XI.—Prohibits consolida¬ 
tion of competing public utility corporations without 
permission of Railway Commission. 


NO 


YES 

No. 32. 

To amend Section 5, Article XL—Roaulates .stocks and 
dividends of public utility corporations. 


NO 


































/ Article XIa. 

X 
Jiis 
^ uiin 


No. 33. 

To add Section 5 to Article XIa.—Permit'i metropolitan 
cities to adopt present charter as home rule charter. 


YES 

1 

1 

o 


Article Xlb. 


\S 

No 34. 

To amend Sections 1, 5 and 0, Article Xlb. —Corpora¬ 
tion sections. Insures co-operative features in cer¬ 
tain associations and permits limitation of shares and 
voting. Regulates foreign corporations. Stocks and 
bonds to issue only for actual value. 


NO 



Article XIV. 


YES ! No. 35. 

I 

— 

NO 

TO auQ flections -t, o ana o to Arucie aiv. —laennes 
priority rights in water. 

YES 

No. 36. 


NO 

' lo aua section < to Article aiv. i loteris puoiic 
rights in use of water power. 


YES 

No. 37. 

To add Section S to Article XIV.—Permits regulation 
.IS lo minimum wage and conditions of employment 
cf women and children. 


NO 









































LIBRARY OF CONGRESS 


0 027 794 489 3 


Make X 
in this 
Colniun 


YES 


NO 


No. 38. 

To add Section 9 to Article XIV.—Permits creation o! 
Industrial Commission to administer laws relative tc 
labor disputes and profiteerinii. J 




YES 


NO 



YES 


NO 


YES 


NO 


Article XV. 


No. 39. 

To amend Section 1, Article XV.—Provides tli( amend* 
ments to the Constitution submitted by tV legisla¬ 
ture shall be adopted by a majority voPg on the 
question if the affirmative vote be equq^to 35 per 
cent of the total vote cast. \ 


Article XVI. 


No. 40. 

To add a new section to Article XVI.—t^ixes salaries 
of state officers including Judges of th|Supreme and 
District Courts, effective until changeYiy the legis¬ 
lature. 


No. 41. 

To amend Article XVI by substituting iw Sections 1 
and 2 for Sections 1, 2, 3, 4, 5, 6, 7, 8,^10,11, 12, 15, 
10,17, 18, 19, 21, 22, 23, 24 and 27.—Diminates obso¬ 
lete provisions and provides a continnng schedule. 


KI.INE PUBLISHING CO., Lincoln, Nebr. 


















































